In Florida, consumers are protected by laws ensuring that food products meet safety and quality standards. Specifically, consumers benefit from legal protections against defects in food products under the Florida Food Safety Act, which is outlined in Chapter 500 of the Florida Statutes.
The Food Safety Act establishes requirements for food safety and regulates the production, handling, and sale of food products to ensure public health and safety. It also prohibits the distribution of adulterated or misbranded food and imposes penalties for violations, such as introducing harmful substances into food.
The Florida Department of Agriculture and Consumer Services (“FDACS”) is the state agency that oversees the enforcement of any food safety violations. FDACS is responsible for inspecting food establishments, responding to consumer complaints, as well as ensuring compliance with the standards set forth by the Florida Food Safety Act.
Additionally, the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”), found in Chapter 501 of the Florida Statutes, offers additional protection against misleading practices in the marketing or sale of food products. All in all, these laws and regulatory frameworks ensure food products meet safety requirements while safeguarding consumers against potential harm due to contamination or defects.
What Is a Foreign Object in Food or Meal?
Under Florida law, a foreign object in food or a meal refers to any material or substance that is not intended to be part of the food product and poses a risk to consumer safety. Examples of foreign objects in food or meals include glass, metal, plastic, or other contaminants that are not naturally occurring in the food.
It is important to note that the presence of such objects is considered a defect, making the food unsafe for consumption. As mentioned above, Florida’s food safety regulations, governed by the Florida Food Safety Act, require food manufacturers, distributors, and establishments to ensure that their products are free from harmful contaminants.
As such, if a foreign object causes injury, consumers may have grounds for legal action under product liability or negligence laws.
What Are the Main Types of Injuries a Person Can Sustain From a Foreign Object in Their Food?
In Florida, the presence of a foreign object in food can lead to a variety of injuries, ranging from physical harm to emotional distress. The severity and type of injury often depend on the nature of the object and how it affects the individual.
Examples of common injuries a person can sustain from a foreign object in their food include:
- Oral and Dental Injuries: Sharp or hard objects, such as glass, metal shards, or bone fragments, can cause cuts, lacerations, or punctures in the soft tissues of the mouth, including the gums, tongue, or cheeks
- Additionally, biting into a hard object can result in chipped or broken teeth, which may require dental repairs or extractions
- Choking or Airway Obstruction: Small or irregularly shaped foreign objects, such as plastic pieces, stones, or gristle, can become lodged in the throat or airway, which can lead to choking, breathing difficulties, or even complete airway blockage, necessitating emergency intervention or medical treatment
- Internal Damage: If swallowed, foreign objects can cause harm within the digestive system, which may scratch, puncture, or perforate the esophagus, stomach, or intestines, leading to internal bleeding, infections, or the need for surgical removal
- Allergic Reactions: Contamination with unexpected substances, such as allergens not listed on packaging (nuts, shellfish, dairy, etc.), can trigger severe allergic reactions
- Symptoms may range from mild discomfort to life-threatening anaphylaxis, which requires immediate medical attention
- Infections or Illnesses: Unsanitary foreign objects, such as insects, fecal matter, or mold, may introduce harmful bacteria, parasites, or viruses into the body, which can result in gastrointestinal illnesses, food poisoning, or other health complications that require medical treatment
- Emotional and Psychological Distress: Encountering repugnant or dangerous objects in food, such as insects, rodent remains, or filth, can cause significant psychological trauma
- The distress may be even further exacerbated if the incident leads to prolonged fear or anxiety regarding food safety
What Categories of Legal Claims Can I Make for a Foreign Object in My Food?
In Florida, if you are injured as a result of a foreign object in your food, several legal claims may be available to you:
- Product Liability: Product liability lawsuits are governed by Florida Statutes Section 768.81, and product liability claims may be based on:
- Strict Liability: This legal actions seeks to hold the manufacturer or distributor accountable for a defect, irrespective of their negligence
- Negligence: If the responsible party failed to exercise appropriate care in the food’s production or handling they can be sued for negligence
- Breach of Warranty: If the food product did not meet implied safety and quality standards, the person responsible may have breached a warranty
- Negligence: Negligence is the most common claim that can be filed under general tort principles if the food establishment or manufacturer breached its duty of care, leading to injury
- Florida Statutes Chapter 768 provides the legal framework for negligence claims, including provisions for incidents involving transitory foreign objects under Section 768.0710
- Personal Injury: Harm caused by foreign objects commonly leads to personal injury claims, which allow victims to seek damages for medical costs, lost income, pain and suffering, and other consequences under personal injury law in Florida
In order to pursue any of the above claims, individuals should compile evidence such as the foreign object itself, food packaging, photographs, medical records, and witness accounts. An experienced Florida defective product lawyer can assist you in navigating Florida’s legal processes and how to sue a food company.
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Can a Restaurant or Manufacturer Be Held Liable for a Foreign Object Found in My Food or a Meal?
Yes, in Florida, both restaurants and manufacturers can be held liable for injuries caused by foreign objects in food. As mentioned above, legal claims may be based on product liability, including strict liability, negligence, or breach of warranty, as outlined in Florida Statutes Section 768.81.
Manufacturers and restaurants owe a duty of care to consumers, and failure to meet this duty can result in negligence claims under Florida Statutes Chapter 768. Once again, in order to pursue a claim, evidence such as the foreign object, food packaging, medical records, and photographs is crucial. Successful claims may lead to compensation for medical expenses, lost wages, pain and suffering, and potentially punitive damages in cases of gross negligence.
What Do I Do if I Find a Foreign Object in My Packaged Food?
If you find a foreign object in packaged food in Florida, it is recommended to follow these steps to protect your health and preserve evidence for any potential legal action:
- Preserve the Evidence: It is important to keep the foreign object, the food, and its packaging intact, and to also avoid altering anything, as these items are crucial for proving your claim
- Document the Incident: You should immediately take clear photographs of the foreign object, the food, and the packaging, being sure to include any labels, expiration dates, or batch numbers visible on the packaging
- Seek Medical Attention: If the foreign object caused injury or illness, you should immediately consult a healthcare professional and obtain medical records detailing the nature of your injury and your treatment
- Contact the Manufacturer or Retailer: You should also notify the company responsible for the food product, being sure to provide details about the incident and request an explanation or resolution
- File a Complaint: Next, you may also report the issue to the Florida Department of Agriculture and Consumer Services, which oversees food safety under the Florida Food Safety Act
- FDACS can then investigate and take action against violations
- Consult an Attorney: If the foreign object caused you harm, you should consider setting up an attorney consultation seeking legal advice from a Florida lawyer experienced in product liability cases, as they can help you evaluate your options and pursue compensation for damages
What Kind of Compensation Can I Obtain if I Suffered an Injury From a Foreign Object in My Food?
As mentioned above, if you suffer an injury from a foreign object in your food in Florida, you may be entitled to various types of compensation, such as:
- Medical Expenses: These damages cover costs related to treatment for your injuries, such as hospital visits, surgeries, medications, and rehabilitation
- Lost Wages: These damages provide compensation for income you lost due to your inability to work while recovering from the injury
- Pain and Suffering: These damages address your physical pain and emotional distress caused by the incident, including anxiety or trauma related to food safety
- Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded to penalize the responsible party and deter similar actions in the future
- Other Economic Losses: Other damages may include compensation for additional financial burdens, such as transportation costs for medical appointments or modifications to accommodate your injuries
Do I Need To Hire a Florida Lawyer if Foreign Objects in My Food Injure Me?
If you were harmed as a result of a foreign object in your food, then it is recommended to immediately contact an experienced Florida defective product lawyer.
LegalMatch can assist in setting up a legal consultation in Florida with an attorney who is well versed in Florida’s personal injury and food laws.
A knowledgeable attorney will be able to provide you with tailored guidance to protect your legal rights, and assist you in recovering damages that you suffered as a result of a foreign object in your food. They will also be able to hold the restaurant or manufacturer liable for causing the damages by attempting to settle your dispute. If settlement is not possible, they can then file a lawsuit and represent you in court, as needed.
