Personal Injury due to Foreign Objects in Food
Unfortunately the manufacture and preparation of food is not always perfect, which means that in rare instances foreign objects such as pebbles or glass may find their way into your meal. If you are injured by a foreign object in your food, whether it is the fault of the manufacturer of the ingredients or the preparer of the meal, you may be able to sue for your injuries.
What Types of Objects are allowed in Prepared Foods?
While certain things in food can cause injury, courts have not allowed lawsuits for objects that can be reasonably anticipated to be in food. For example, if you are injured by fish bones found in a salmon dinner you cannot sue for our injuries because it’s reasonable for there to be bones in salmon. You also cannot sue if you are not actually injured by the object. For example, a hair in food is a foreign object, but you cannot sue over a hair if you are not actually injured by it.
Common Injuries that a Court will Award Money Damages
If you do find an unexpected object in your food, you may be able to sue for your injuries. Typical injuries that the courts award damages for include:- Cuts in the mouth and throat and damaged teeth
- Illness due to ingestion of the object
What Can Help if You Have Been Injured
If you have been injured by a foreign object in your food there are certain things you can do to help your lawsuit:- If possible, keep the object that actually caused you injury
- Proof or witnesses that can verify that the food was prepared by the other party, such as a restaurant, caterer or manufacturer, and was not tampered with by anyone else
- Medical and dental records that show the injury was not present before the incident
Do I Need a Personal Injury Attorney?
States differ in what they allow in prepared foods. An attorney can help determine if the injury causing object would be allowed in prepared food according to your state’s laws. States also vary when awarding damages but most try to base the damages on the severity of the injury. A personal injury attorney can help you estimate the cost of your injuries and represent you in court. |
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