Clients call us routinely with personal injury inquiries about foreign objects in food. Essentially, foreign objects in food are anything that does not belong in the dish, meal or drink you are consuming. This article will examine how foreign objects make their way into food products, and also give you some tips on what to do if you find a foreign object in food.
How Did It Get There?
Most of us are perplexed as to how something not meant to be in our food could end up there; however, upon examining the food industry a little more closely, some of these foreign objects found in food start to make a little more sense. For instance, in pre-packaged food, it is not uncommon to find a screw or piece of metal in the packaging. This can be the result of a machinery piece breaking off on the assembly line in the packaging plant. In restaurants, the environment is much less controlled, and objects like broken glass, plastic or hair may end up in food at some time or another during the transport or preparation of the food inside the restaurant.
The existence of foreign objects in food gives rise to contamination of the food. In most cases, the foreign object is a non-edible object which can give rise to injuries such as broken teeth or internal bleeding. The failure of the food manufacturer to ensure that foreign objects do not end up in food is a breach of the manufacturer’s duty to you, the consumer. This breach may be a breach amounting to negligence. It may also give rise to a products liability claim.
What You Should Do
If you find foreign objects in food, you should take immediate steps to alert others around you. These cases are challenging cases to win from an evidence standpoint. The burden of proof is on the plaintiff to prove that the object was in fact found in the food, and that the foreign object entered the food when it was still under the seller’s or manufacturer’s control. Take the following steps if you find foreign objects in food:
- Alert a manager – if you’re at a restaurant, be sure to report the incident to a manager and complete an incident report in compliance with whatever the restaurant’s procedure is for doing so;
- Take Photographs – We live in a time where you are carrying a camera with you at all times. Take photos of the foreign object while it is still in the food, if possible. In the alternative, take quality photos of the foreign object in the restaurant.
- Keep the foreign object – Do not turn the object over to the manager or supervisor as you may never get it back. Maintain possession of the item as you may need it for your claim.
- Seek medical attention quickly—Getting the medical attention you need is critical to establishing your damages.
Talk To A Personal Injury Lawyer Today
If you’ve found foreign objects in food and would like to speak with a lawyer about your case, call us at 704.749.7747 or click HERE to request a phone call. The call is free and answering questions is part of our job. When it comes to deciding on a personal injury lawyer, we know you have choices. We hope you choose to Recover With Us.