A foreign object in food is when someone discovers an object in their food or meal that they would not reasonably expect to be there. Pieces of rocks, glass, plastics or metal may be found in food and cause serious injuries to your teeth, gums, throat or digestive tract. If you have been injured by a foreign object in your food or meal, you may be able to file a personal injury lawsuit against the manufacturer of the food or the preparer of the meal such as the restaurant owner or chef.
The specific type of foreign object found in the food or meal may have an impact on your ability to recover financial compensation for your injuries in a personal injury case. It may be difficult to file a successful personal injury lawsuit if you have been injured by an object that could reasonably be expected to be found in the food or meal based on its ingredients or components. Finding a sharp bone in a meal that includes meat, chipping a tooth on a pit in a peach pie, or ingesting an insect or twig in a salad or prebagged produce item, are examples where foreign objects that are found in a food or meal may be considered to reasonable or expected by a consumer.
In order to initiate a personal injury claim, you must provide evidence to support your claims. First, you have to prove that you were injured by the foreign object in your food. Typical injuries involved in these types of claims include cuts and punctures to the mouth or throat, broken or chipped teeth, and digestion-related illnesses.
Also, a variety of symptoms may result from allergic reactions to ingredients that were not expected to be found in the food based on its labeling. Injuries from foreign objects in food are typically documented through medical and dental records such as x-rays. If the foreign object that you found in your food, such as a hair, does not cause an injury, you may not be successful in your personal injury claim.
You also need to show evidence that your injuries resulted in causing you to suffer from financial damages. The types of damages that injury victims are typically compensated for in personal injury claims include medical bills, treatment costs, and time spent away from work while your injuries heal.
In addition to showing you were injured by the foreign object, in a personal injury claim you must also provide evidence that the restaurant owner or chef that made your meal or the manufacturer of your food was negligent. They may have been negligent in failing to take the proper steps to prevent the object from entering the food or they should have been aware of the object before it was served or sold to you.
Restaurants and food manufacturers are required by law to follow federal, state, and local health codes and regulations, and they have a responsibility to consumers to ensure that they are not injured when eating their meals or products. Both restaurants and food manufacturers may be found to be liable in personal injury cases when an individual is injured by a foreign object.
If you have been injured by a foreign object that you found in your food or meal, there are certain steps that you can take to document evidence for a potential personal injury claim. These may include:
- Keeping the foreign object;
- Taking a photo of the foreign object and where it was found in your food or meal;
- Taking note of witnesses that can verify your claim that you were injured by the foreign object;
- Keeping the wrapper or container that the food came in;
- Gathering the name and address of the restaurant where you ate and the date and time of your meal; and
- Securing medical and dental records that show that the injuries caused by the foreign object were not present before eating the food or meal.
You may be successful in filing a personal injury lawsuit against a restaurant or food manufacturer, but there are large amounts of evidence needed for this type of case to be successful. For the best outcome in your case, you should consider contacting a personal injury attorney.
An attorney can help you determine if you have a personal injury claim, and can help you obtain the highest amount of compensation possible for the injuries and damages that you suffered as a result of the foreign object in your food or meal.