The Court of First Instance nº 12 of Valencia has sentenced an insurer and a olives and pickles company to turn off 1.950 euros, plus the corresponding interests, to an associate of the Consumers Union for the damages caused by the broken tooth when biting part of a bone that had been left inside an olive that it was supposedly boneless, as the consumer entity points out in a statement.
The events occurred when the affected went with several relatives to a restaurant Valencian, where they ordered an appetizer in which, among other things, stuffed olives without stones were served. After taking one, and while chewing it, the woman felt a sudden pain in a tooth because it had bitten a bone that was left inside the olive.
The pain “became progressively more unbearable”, highlights the Consumers Union in his press release, to the point that the next day he had to go to the dentist for emergencies. The specialist verified that “the affected tooth, previously healthy, it was split from top to bottom and there was no other solution than the immediate extraction, and restoration of the same, resulting in a laborious intervention for the destruction caused by the olive stone “.
The woman informed the people in charge of the restaurant of the damage caused by the olive that had been served on the premises, to which the owner of the establishment told her that the product corresponded to a batch of pitted stuffed olives acquired from their usual supplier and that from the restaurant they had only limited to serving the product, without any manipulation.
The company supplying the olives did not want to pay
At first, the Consumers Union, on behalf of the associate, initiated mediation work before the company supplying the stuffed olives without stones and the insurer. The entity demanded extrajudicially that they pay the woman the financial outlay that treatment and assistance at the dental clinic had entailed. Since they did not reach an agreement, a legal proceeding was initiated in which the affected person claimed 1,550 euros for treatment, assistance and restoration of the damaged dental piece, as well as an additional 400 euros for the physical and moral damages caused.
Both the olive distribution company and its insurance company “repeatedly rejected the claim” of the woman, details the Consumers Union, “despite having sufficiently substantiated the facts and having submitted reports and invoices of the damages caused.” The defendant companies, he adds, “dismissed the claim in the hope that our associate would drop their claim, despite being right and despite the considerable economic damage that had been caused. “
However, the legal services of the Union of Consumers of the Valencian Community advised the woman and, finally, filed a lawsuit. The Court of First Instance nº 12 of València upheld the claim and has now sentenced the supplier company and its insurer to pay 1,950 euros to the affected company for the dental treatment it had to receive and for the physical and moral damages it suffered. Likewise, it condemns them to the payment of the legal interests and the costs of the judicial procedure.
The Consumers Union of the Valencian Community advises all consumers that, when their complaint or claim is rejected, they go to a consumer association to assess possible alternatives when their claim is rejected or the mediation that they may have done before public consumer organizations, and to be able to defend effectively, quickly and efficiently their legitimate rights.
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