What's the Statute of Limitations on a Defective Food Product

[taydev]

My question involves injury or loss that occurred in the state of: Texas

Hello, I'm new here and have a question. A couple of years ago I was eating Kelloggs Raisin Bran and There was a hard peice in the cereal; perhaps a rock or a hard peice of the belt in the factories? I'm not sure. Anyway, it gave me a deep chip in my bottom tooth and I couldn't eat normally for about 2 weeks because it was so painful! Today, I still have the broken tooth, but there's no pain unless I eat something really sweet on that side. I went to a lawyer after the incident (about 2 yrs ago). Kellogg's replied saying that there is no evidence that I was eating their cereal and whether there was a rock in it or not. I haven't persued the case since, but am now wondering if it's too late to reopen it? Thanks.

[cbg]

You have even less evidence now than you did at the time. What do you think reopening it would accomplish?

[Who'sThatGuy]

For one, if it has been over 2 years, the statute has run. You have no claim.

2, Do you have the original cereal box? The box will have a code on it telling what plant it was made in, the day it was made, what time of day and what shift it was made and what line it was made on. You need this to successfully win or come to a settlement.

Do you have the object in question? You cannot tell a jury you think it may have been a rock or a part of the machinery that the cereal was made on, that will blow any case you may have.

Without any of the above I would get to a dentist and have my tooth looked after before it leads to a root canal and crown, even if I had to foot the bill myself.