A person who suffers a significant injury because a foreign object was present in some food they consumed may sue the party at fault. Usually their claim would be based on a theory of strict product liability.
But other theories are possible under personal injury laws in Texas. Of course, a claim based on negligence is also possible. A Texas lawyer would be able to provide more information about strict product liability and negligence law.
The advantage of using a theory of strict product liability is that the victim does not have to prove that the foreign object came to be the food product because of some person or entity’s negligence. Rather, they must only prove that there was a foreign object in food they consumed or it was otherwise contaminated and the object or contamination was the direct cause of harm to the victim.
Whether it is worth it for a victim to pursue a lawsuit for an injury suffered because of a foreign object in food depends on the facts of their situation. Some of the facts that might be considered are the seriousness of their injury or illness, the extent of economic harm they have suffered and whether food safety violations of state or federal law are involved.
What Is a Foreign Object in Food or a Meal?
A foreign object is any object that should not be found in a food product or a meal. For example, the shell of a peanut does not belong in peanut butter. If an individual who finds a foreign object in a food product can report it to the federal government, it may lead to a government recall of the product. That is because foreign objects may pose a threat to other consumers as well.
Among the foreign objects that have been found in food products are the following:
- Animal bone or bone fragments
- Broken glass
- Broken pieces of plastic
- Pieces of metal
- Hard or sharp objects that may be natural in origin, but do not belong in food, e.g., stones or stone fragments.
Generally, they are classified as either “intrinsic,” meaning that they are something that may occur naturally in a food source, such as stems or pits, or as “extrinsic,” meaning they are true foreign objects that are not normally found in food items, e.g., glass or metal.
Foreign objects can find their way into food products on the farms where food is grown or raised, during process and handling, during the distribution process or because of employee sabotage.
Fortunately, employee misconduct is rare. Also rare is the occasion on which some naturally occurring miscellaneous material, such as a product of crystallization, appears in a food product.
What Are the Main Types of Injuries a Person Can Sustain From a Foreign Object in Their Food?
An individual who consumes a foreign object in food can experience any number of serious injuries. Metal shavings, hard plastic pieces, and glass shards each pose their own kind of risk. Glass is the most common foreign object reported in consumer complaints to the Federal Food and Drug Administration (FDA) of illness or injury from foreign objects in food.
Types of injuries from foreign objects can involve:
- Mouth and Digestive Tract: Cuts or tears to the digestive tract are possible. Sharp, hard foreign objects can cause serious cuts or tears to the mouth, tongue, teeth, and esophagus.
- Teeth: Chipped teeth, broken teeth or fillings.
- Esophagus: Perforation of the esophagus.
- Intestines: Cuts or perforation of the pharynx, stomach, and/or intestine.
The FDA reports that the most common injury reported in complaints from consumers is cuts to the mouth or throat.
What Categories of Legal Claims Can I Make for a Foreign Object in My Food?
The categories of legal claims that a victim can make for having ingested a foreign object in a food product would be a claim for negligence or one for strict product liability.
Can a Restaurant or Manufacturer Be Held Liable for a Foreign Object Found in My Food or a Meal?
The producer, processor, or distributor of a food product that contains a foreign object can be liable for injuries caused by foreign objects in a food product. Which type of entity may be liable depends on the nature of the food product. For example, the manufacturer of a frozen prepared meal is the most likely party to sue if the foreign object is found in a frozen meal product.
A product prepared in a grocery store food preparation facility – grocery stores sell an increasing number of prepared food products – might be the most likely party to name in a lawsuit if the foreign object was in a food product that was prepared in a grocery store. Some investigation would be required to determine the origin of a foreign object in a food product.
Basically, however, the answer to the question of how to sue a food company for a foreign object in a food product would be to sue every entity in the line of production and distribution of the product. That would include the manufacturer and the restaurant that served the product to a patron who was injured.
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What Should I Do if I Find a Foreign Object in My Packaged Food?
Of course, the first order of business for an individual who has consumed a foreign object in their food is to consult their health care provider. If an individual has consumed a product that was recalled for foreign material contamination, it is a good idea to see your healthcare provider to be sure that they have not been injured.
An individual who has been injured by a foreign object in something they consumed should also make detailed notes about their experience, especially the food product and where they obtained it. If they have any packaging for the food product, they should keep it. They might also want a lawyer consultation as a lawyer could advise them about preserving evidence of their experience.
A victim should also contact the FDA and report their experience. The FDA’s SmartHub system is the place for consumers to report problems with food.
What Kind of Compensation Can I Obtain if I Suffered an Injury From a Foreign Object in My Food?
In a foreign object injury case, damages would compensate the victim for the economic and non-economic harm that they suffer as a result of ingesting the object. Damages would include compensation for the following:
- Medical Expenses: The cost of all necessary medical treatment. This would include treatment that a victim anticipates needing in the future. It encompasses visits to doctors, periods of hospitalization, surgery, medications, rehabilitation, and the like.
- Lost Earnings: If a victim misses work due to the injury or illness, they may be compensated for both current and future lost earnings.
- Loss of Earning Capacity: If your injury or illness leaves you unable to earn at the same level as before, you may be able to recover compensation for diminished earning capacity.
- Pain and Suffering: This is a type of non-economic damages that compensates a victim for the physical pain, emotional distress, and mental anguish they experience.
- Disfigurement or Disability: If a victim’s injury leads to permanent scarring, disfigurement, or disability, they may be compensated for the economic losses this causes.
- Punitive damages: In the rare case in which a defendant did something especially reprehensible, a court may award punitive damages to punish them and deter similar behavior in the future.
The amount of damages available in a foreign object contamination case depends on the specific facts of a victim’s case, such as the seriousness of their injury, its effect on their life, and the degree of recklessness shown by the responsible party.
An experienced attorney would be able to estimate the amount of compensation a victim can recover.
Do I Need To Hire a Texas Lawyer if Foreign Objects in My Food Injure Me?
If you have been injured by a foreign object in a food product, you want to consult a Texas defective product lawyer.
LegalMatch.com can connect you to a lawyer in your area who can investigate the circumstances and guide you through the legal system to the remedy you deserve.
