Yes, it may be possible to sue a food company for objects that are found in food in the State of New York. These types of lawsuits usually begin when an injured individual files a legal complaint in the appropriate court.
Common examples of injuries that individuals endure when there is a foreign object in their food include:
- Broken or chipped teeth
- Cuts or punctures to the mouth or throat
- Digestion-related illnesses, such as E. coli
- Allergic reactions to unexpected ingredients
In order to prove that an individual was injured because of the foreign object in their food, they will need to provide dental or medical records showing that their injuries resulted in financial damages. Damages are commonly awarded to compensate plaintiffs for their:
- Medical bills
- Treatment costs
- Time at work missed due to healing from the injury or seeking medical treatment
For more information about filing a claim for a foreign object in food in New York, an individual should schedule a legal consultation with a New York lawyer.
What Is a Foreign Object in Food or Meal?
A foreign object in food is an object that is found in an individual’s meal or food that would not reasonably be expected to be found in that meal or food. Common examples of foreign objects that can be found in meals or food may include, but are not limited to:
- Plastic
- Cigarettes
- Gum
- Feces
- Hair
- Blood
- Glass
- Gravel and rocks
- Metal
- Jewelry
- Wood
- Bones
- Other animal parts
A foreign object in someone’s food can cause serious injuries to their gums, teeth, digestive tract, and other areas. A personal injury lawsuit based on a foreign object in food can be filed against the owner or chef at a restaurant, the individual who prepared the food, or the manufacturer of the food.
The type of object that was found in an individual’s food can impact the ability of the plaintiff to recover damages for their injuries. It may be more challenging to file a personal injury lawsuit when an individual was injured by something that was reasonably expected to be found in a meal or food due to its components or ingredients.
What Are the Main Types of Injuries a Person Can Sustain From a Foreign Object in Their Food?
There are some categories of injuries that an individual may suffer if there was a foreign object in their food, such as food poisoning, physical injuries, or choking injuries.
Food poisoning
If someone ingests food or drink that contains a foreign object or material, they could also suffer food poisoning because the object or material can be contaminated with bacteria, which may include:
- Salmonella
- Norovirus
- E. coli
- Shigella
Foreign objects in food can also impede the proper cooking of the food, which leaves bacteria that were not properly destroyed and caused food poisoning. These issues may also be caused by improper cooking related to food safety violations.
Physical injuries
Physical injuries can occur when someone is swallowing or chewing a foreign object because it can cause:
- Punctures
- Lacerations
- Other physical injuries
These types of injuries can occur to the:
- Teeth
- Perioral tissue
- Jaw
- Tongue
- Esophagus
- Pharynx
Further injuries can occur as the object goes through the individual’s digestive system. In rare instances, the object cannot pass and may require surgery to be removed.
Choking injuries
An individual may also suffer a choking injury on a foreign object in their food. It may become stuck in their throat and cause additional injuries, or even death, if they cannot get oxygen to their brain.
These situations are concerning for younger children, as foreign objects in food are one of the leading causes of choking in the U.S.
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What Categories of Legal Claims Can I Make for a Foreign Object in My Food?
There are several different categories of legal claims that an individual may be able to file their personal injury lawsuit under, including:
- Negligence
- This is one of the most common types of foreign object in food claims
- Product liability
- This type of claim can hold a manufacturer, distributor, or seller liable for putting the defective or dangerous food productive into the stream of commerce
- Breach of warranty
- These claims can be made when a manufacturer, seller, or distributor of a food provide made a promise or guarantee about the quality or safety of the food product that was not fulfilled
- Intentional misrepresentation
- This type of claim can be made if a manufacturer, distributor, or seller made a false statement about the quality or safety of their food products to induce consumers into purchasing the product and the consumer relied on those statements to their detriment
Can a Restaurant or Manufacturer Be Held Liable for a Foreign Object Found in My Food or a Meal?
Yes, a manufacturer or restaurant may be held liable for foreign objects in meals or food. Under personal injury laws in New York, sellers, distributors, and manufacturers can all be sued.
Pursuant to food tampering laws, food manufacturers and restaurants have to adhere to all local, state, and federal health codes and regulations. In addition, these parties have the legal responsibility to consumers to make sure they are not injured while consuming their meals or products.
What Do I Do if I Find a Foreign Object in My Packaged Food?
If an individual has been injured by a foreign object in their meal or food, there are certain steps they should take to prepare in case they file a personal injury claim, including:
- Keeping the foreign object
- Taking a photo of the foreign object, as well as where it was found in the food or meal
- Keeping the wrapper, container, or packaging that the food came in
- Noting the name and address of the restaurant where the individual ate
- Recording the date and time of the meal
- Noting any witnesses
- Obtaining copies of any medical and dental records that could prove that the injuries caused by the foreign object were not present prior to eating the food or meal
A New York food law attorney can help an individual understand how to sue a food company, how to gather evidence to support their claim, and give them legal advice on what steps to take.
What Kind of Compensation Can I Obtain if I Suffered an Injury From a Foreign Object in My Food?
If an individual in New York suffered an injury due to a foreign object in their food, they may be given compensation, or compensatory damages, for their injuries or losses. If someone does suffer an injury because of a foreign object in the food, they may potentially receive compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
In some specific types of cases, an individual may be able to recover compensation for non-physical injuries, for example, anxiety or emotional distress they suffered because of the foreign object incident. Although New York does not require actual physical injury for an individual to have a successful emotional distress claim, it will make their case stronger.
Do I Need To Hire a New York Lawyer if Foreign Objects in My Food Injure Me?
If you have been injured by a foreign object in your food in New York, it is important to reach out to a New York defective product lawyer. Your lawyer can help you gather the necessary evidence, file your claim, and will represent you in court when you appear.
These types of cases can be challenging, as you must show your injuries resulted directly from the foreign object in your food. Because of this, it is essential to have help from a lawyer.
You can find a New York personal injury lawyer for free, confidently, and quickly by using LegalMatch.com’s lawyer matching services. It will only take you around 15 minutes to submit your issue on the LegalMatch website and begin the steps to seek compensation.
