Last Lion Posted October 18, 2023 #1 Share Posted October 18, 2023 We were on the Princess Discovery two weeks ago when I bit into a lobster cake and damaged my tooth implant on an olive pit. Not fun. The waiter, maitre’d, and chef apologized profusely. I went to the medical clinic first thing the next morning and was examined and treated. Medical report filed. Security report filed. Guest services notified and they provided a $200 goodwill FCC since I only had half a mouth for the last two days of the cruise. On return home, I have seen my dentist and periodontist. Bottom line is a new implant procedure is required. $7,000 Canadian. 14 months to complete. The Discovery Princess on board staff handled this matter in sterling fashion. I have been collating reports, X-rays, etc. to send to guest relations and this is almost complete and will be sent to Princess. What should I expect from Princess going forward? At the very least I expect them to pay for the new implant plus a FCC for the aggravation of going through this long procedure again Any other advice on steps I should take? If it matters for legal reasons we were alongside in San Francisco when the event occured. Link to comment Share on other sites More sharing options...
voljeep Posted October 18, 2023 #2 Share Posted October 18, 2023 I'm curious about the 'security report' that was filed ... 1 Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author #3 Share Posted October 18, 2023 Apparently the security department is informed by the medical clinic. All we had to do was fill out a report for the security officer and my son filled out a witness report. Link to comment Share on other sites More sharing options...
Mike45LC Posted October 18, 2023 #4 Share Posted October 18, 2023 If olives are a normal part of a "lobster cake", I wonder if Princess has any liability for your accident. There is a general rule that natural food particles might be in prepared food, and it is kind of an "eaters beware" variation on "buyers beware." "Courts have found that foreign objects in food are considered those that are not reasonably expected upon consumption. For example, stones, rocks or small pebbles may wind up in food. Glass, paper and plastic may also make their way into food. ... However, courts have been reluctant to provide recovery simply because any type of foreign object has been found in food. For example, claims have failed for items that can reasonably be anticipated in food, such as fish bones in soup or cherry pits in cherries " I hope your dental procedures go well. 1 1 Link to comment Share on other sites More sharing options...
DCThunder Posted October 18, 2023 #5 Share Posted October 18, 2023 Just curious, if you'd been dining at some restaurant a mile from your home, and had the same thing happen (bit into food, and have an unexpected olive pit damage your implant), would you expect that restaurant to pay $7K for a new implant? 6 2 Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author #6 Share Posted October 18, 2023 Yes I would. Wouldn’t you? The locale is irrelevant. 4 Link to comment Share on other sites More sharing options...
DCThunder Posted October 18, 2023 #7 Share Posted October 18, 2023 Just now, Last Lion said: Yes I would. Wouldn’t you? The locale is irrelevant. Well, then you better lawyer up. 8 2 1 Link to comment Share on other sites More sharing options...
waltd Posted October 18, 2023 #8 Share Posted October 18, 2023 Just now, Mike45LC said: If olives are a normal part of a "lobster cake", I wonder if Princess has any liability for your accident. There is a general rule that natural food particles might be in prepared food, and it is kind of an "eaters beware" variation on "buyers beware." "Courts have found that foreign objects in food are considered those that are not reasonably expected upon consumption. For example, stones, rocks or small pebbles may wind up in food. Glass, paper and plastic may also make their way into food. ... However, courts have been reluctant to provide recovery simply because any type of foreign object has been found in food. For example, claims have failed for items that can reasonably be anticipated in food, such as fish bones in soup or cherry pits in cherries " I hope your dental procedures go well. I think it would be like eating a cherry pie and biting into a cherry pit. Don't think this it's actionable. 5 1 Link to comment Share on other sites More sharing options...
Rare Shippy Posted October 18, 2023 #9 Share Posted October 18, 2023 I SERIOUSLY doubt you will receive at more compensation BUT am extremely curious. PLEASE let us know what happens. 8 Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author #10 Share Posted October 18, 2023 In answer to the “foreign objects” in food statement above I agree completely that if you are eating fish soup “beware” of fish bones or Greek salad “beware” of olive pits. But an olive pit in a lobster cake? I don’t know about you but I don’t daintily eat all my food just in case my jello has an olive pit in it! 1 Link to comment Share on other sites More sharing options...
Rare c-boy Posted October 18, 2023 #11 Share Posted October 18, 2023 (edited) 1 hour ago, Last Lion said: What should I expect from Princess going forward? At the very least I expect them to pay for the new implant plus a FCC for the aggravation of going through this long procedure again In this case, paying liability for damages would set a precedent. Corporations do everything possible to avoid future suits. So, don't look for that going forward, in the very least a free cuise might be in your future. Edited October 18, 2023 by c-boy 2 1 Link to comment Share on other sites More sharing options...
voljeep Posted October 18, 2023 #12 Share Posted October 18, 2023 1 minute ago, waltd said: I think it would be like eating a cherry pie and biting into a cherry pit. Don't think this it's actionable. are olives used in lobster cakes ? 1 Link to comment Share on other sites More sharing options...
waltd Posted October 18, 2023 #13 Share Posted October 18, 2023 Thats the question of the hour. 1 1 Link to comment Share on other sites More sharing options...
Ombud Posted October 18, 2023 #14 Share Posted October 18, 2023 I broke a tooth 1/2 way through my last cruise and am possibly looking at an implant. My fault not Princess'. Also only takes 6 months total after extraction and this involves time for bone to regrow, implant screw 4 months, make tooth 1-2 hrs. If you only broke the implant, why does it take a year?? Is there any bone loss? In my case I broke it on a piece of shell .... shell reasonably expected in that combo. 1 Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author #15 Share Posted October 18, 2023 The implant completely fell out due to the bone cracking. According to the periodontist, because this is the second go around with this bone 8 months for the regrowth then an additional six months for the post to set. So realistically looking at January, 2025 to complete the procedure. The question seems to be is it reasonable to expect an olive pit in a lobster cake. An olive pit in a Greek salad? Yes. Fish bones in fish? Yes. 1 Link to comment Share on other sites More sharing options...
waltd Posted October 18, 2023 #16 Share Posted October 18, 2023 Googling lobster cakes I find nothing that includes olives. So Maybe........... Link to comment Share on other sites More sharing options...
voljeep Posted October 18, 2023 #17 Share Posted October 18, 2023 1 minute ago, waltd said: Googling lobster cakes I find nothing that includes olives. So Maybe........... but his son witnessed it was an olive pit ... Link to comment Share on other sites More sharing options...
waltd Posted October 18, 2023 #18 Share Posted October 18, 2023 That's what I'm kind of saying. It shouldn't have been in there so the OP might have a case. Link to comment Share on other sites More sharing options...
Rare c-boy Posted October 18, 2023 #19 Share Posted October 18, 2023 11 minutes ago, Ombud said: I broke a tooth 1/2 way through my last cruise and am possibly looking at an implant. My fault not Princess'. Also only takes 6 months total after extraction and this involves time for bone to regrow, implant screw 4 months, make tooth 1-2 hrs. If you only broke the implant, why does it take a year?? Is there any bone loss? In my case I broke it on a piece of shell .... shell reasonably expected in that combo. Canada 1 Link to comment Share on other sites More sharing options...
Guest Snaxmuppet Posted October 18, 2023 #20 Share Posted October 18, 2023 Did you get pics on your phones of the offending pit? Might help if it does go legal. 🙂 Link to comment Share on other sites More sharing options...
RD64 Posted October 18, 2023 #21 Share Posted October 18, 2023 If it goes legal it will have to be filed in Florida I believe. Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author #22 Share Posted October 18, 2023 Yes. Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author #23 Share Posted October 18, 2023 Occurred alongside in San Fran and I believe Princess HQ is in California. But perhaps Florida if there is a legal case? Link to comment Share on other sites More sharing options...
Rare BlerkOne Posted October 18, 2023 #24 Share Posted October 18, 2023 You would have to file suit in Los Angeles and contest it there. 1 Link to comment Share on other sites More sharing options...
Rare BlerkOne Posted October 18, 2023 #25 Share Posted October 18, 2023 Claims for Injury, Illness or Death: All claims or disputes involving Emotional Harm, bodily injury, illness to or death of any Guest whatsoever, including without limitation those arising out of or relating to this Passage Contract or Your Cruise, shall be litigated in and before the United States District Court for the Central District of California in Los Angeles, or as to those lawsuits over which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Los Angeles County, California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts. 4 Link to comment Share on other sites More sharing options...
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