"NOYB" wrote in message
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" JimH" jimh_osudad@yahooDOT comREMOVETHIS wrote in message
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"NOYB" wrote in message
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" JimH" jimh_osudad@yahooDOT comREMOVETHIS wrote in message
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"Shortwave Sportfishing" wrote in message
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Have you ever heard of a product liability case involving dentures?

Is there a warranty period concerning dentures?

Just curious.

If they break or are otherwise defective and cause personal injury or
physical damage then there certainly could be a product liability
claim.

I've never heard of a product liability claim on a dental appliance.
Usually it's the dentist who gets sued for malpractice. But a denture
that breaks is not malpractice.

That is not to say they do not exist. Although the frequency of the
scenario I presented is low to moderate, the severity could be moderate
to severe.

I guess you could sue somebody over anything. But as a professional with
some knowledge of this topic, I can tell you that there's not a dentist
out there who hasn't had a denture break at some point in their career.

When you're dealing with malpractice issues, the "standard of care"
doctrine applies. The question becomes : What did the lab or dentist do
wrong to cause the denture to fracture? And did the dentist or lab follow
the standard of care in fabricating the denture?


Ah..........now you are talking about subrogation based on adequate risk
transfer clauses/agreements between you and the lab.

Regardless.........the initial onus is on you. ;-) And if you do not
have adequate hold harmless or other indemnification clauses in your
contract with that lab................you eat the claim.