If you or a loved one live in New York State or were injured in New York State, and have suffered a serious physical injury requiring medical treatment due to the presence of a “foreign object” in your food, please contact the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto online, or by giving us a call at (800) 721-3553.
 · Strict liability is a legal term that is used in product liability cases. Food is, after all, a product. So, contaminated food is considered to be a defective product. In a strict liability case, you don’t need to prove that the defendant was negligent. The language is different from state to state, but, in general, to hold a defendant ...
The most important recommendation is to take the actual food that you found the foreign body within and place it in a safe container in your freezer. Unsurprisingly, the biggest issue in these types of cases is the destruction of evidence. Also, be certain to get the medical attention you need to become well after your incident.
 · The simple answer to this question, which every lawyer hears a hundred times, is; “Yes, you can sue.”. However, the follow up answer is, “No, I won’t represent you and no, it isn’t a good case.”. The sad reality is that anyone can sue anyone for anything. All it takes to sue someone is a petition and the filing fees, and sometimes ...
 · If you or a loved one has suffered damages from having a foreign object in your food, you may be eligible to file a claim for compensation. At one of the top-rated law groups in the city, Normandie Law Firm, our expert foreign object attorneys can assist you in building your case and filing a claim for compensation.
What Steps Should You Take After Finding a Foreign Object in Your Food?Immediately alert a manager or server. ... Maintain and preserve all possible evidence, including the object itself, as well as the receipt for the purchase. ... Obtain the medical attention you need to protect yourself. ... Contact an attorney.
A person may be able to sue if they actually become ill from finding an insect in their food.
To answer the first question, yes, you can sue a fast food chain for finding a foreign object in your food.
Report the incident to the grocery store where you bought it and the company that produced it. Many companies will want to investigate where the bugs may have entered their production process. They should offer you a refund. You should also notify the FDA.
What To Do If You Find A Cockroach In Your Food. If you suspect roaches have been in your food, throw out any food in the container. Dispose of any other food that the roach may have landed on. Eating this food accidentally may not make you sick right away.
ANSWER: You can sue, but you will win the cost of the meal, at best. You have no other damages.
The short answer is yes, you can file suit against McDonald's. If your doctor links health problems to eating the plastic, you can sue McDonald's to recover the related medical treatment expenses plus any pain and suffering.
Exposure to some environmental conditions, such as heat, causes plastic to break into smaller fragments called microplastics, which can migrate into food. Single-use water bottles, to-go containers, food cans, and storage wraps are examples of common plastic-based food packaging that contains microplastics.
If your accident or incident has happened in a fast food restaurant, such as McDonald's, their car park or wider premises, then the business is liable for your injuries. You should make a claim for anything such as loss of earnings, medical costs and general expenses.
No real injury= no real lawsuit. You probably can get some minor freebies from restaurant but case does not warrant legal representation.
Most pantry bugs are not harmful if eaten, even though the sight of the pests is unappealing and the idea of consuming them unknowingly is gross. However, try not to eat them because some could be carrying disease-causing pathogens that can harm your health.
In that case, she recommends placing your veggies in a cold water bath, moving them around and adding a little salt or white vinegar to help loosen debris and kill pests (no soap or special sprays needed). She says any dirt will settle while unwanted bugs will float to the top.
A food law attorney can help you gather evidence to support your claim, and provide legal advice regarding how you should move forward.
According to food tampering laws, restaurants and food manufacturers are required to adhere to all federal, state, and local health codes and regulations. Additionally, they have a legal responsibility to consumers to ensure that they are not injured when eating their meals or consuming their products.
An experienced products and services attorney can help you gather evidence, file a lawsuit on your behalf based on the theory of negligence, and also represent you in court, as needed.
To prove injuries from foreign objects in food, the plaintiff should provide copies of medical and dental records. An example of this would be a copy of any x-rays that were gathered in order to locate the foreign object.
A complaint will also explain what the plaintiff would like for the court to do in terms of addressing the issue. An example of this would be to order a damages award, or issue an injunction to prevent the defendant from continuing certain actions.
Those who have been injured by a foreign object in their food or meal may have grounds to file a personal injury lawsuit. Such a lawsuit may be filed against the manufacturer of the food, ...
According to injury laws, a foreign object in food refers to when a person discovers an object in their food or meal. This is an item or object that you would not reasonably expect to be in the food or meal. Some of the most common examples of foreign objects that can be found in food or meals include, but may not be limited to:
Some of these objects have included mice, human fingers and condoms. It leads to wonder what laws are in place to protect these consumers.
According to the book, a bunch of asparagus may have up to six beetle egg sacs attached to it and still be safe to consume; ground oregano can have up to 1,250 insect fragments per 10 grams; and black currant jam can have up to 75 percent mold content in it before it is considered unsafe to eat.
The lawyer’s principle is to make a profit because principles don’t pay those huge student loan debts the attorney incurred nor the cost of operating his office (and his life) every day.
The sad reality is that anyone can sue anyone for anything. All it takes to sue someone is a petition and the filing fees, and sometimes not even the filing fees. The more important issue is whether or not you can win the case.
Obviously you can claim the cost of your meal that night, but let’s assume that no one at your table ate their food and you want to sue for the $100 it cost for the entire meal. At this point you have spent thousands of dollars and your only damages are $100 for the cost of the mean. Would you be willing to take a bet where you are going to have to gamble $1000 and the most you could win would be $100? Not usually.
Whenever filing a lawsuit against a fast food chain, restaurant, or food manufacturer, it is in your best interest to hire a qualified attorney who has experience in a foreign object in food cases to help represent you and your case in court. Having a well- versed attorney on your side can make the difference between filing a successful claim for compensation and having your case dismissed from court entirely.
Duty: The plaintiff (injured or damaged party) must be able to show that the defendant (fast food chain or restaurant owner) owed a legal duty to the plaintiff under the specific circumstances of the case.
Our law offices are based in Los Angeles; however, our attorneys practice in Riverside, San Diego, San Bernardino, Orange County, Fresno, Bakersfield, San Francisco, Sacramento, Ventura, Oxnard, Oakland, and throughout the entire state of California. As a show of this commitment to you and your case, we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Call now for a free consultation by one of our attorneys with experience in foreign object in fast food cases, and we can guide you down the path of receiving proper compensation for your damages.
Some common injuries caused by a foreign object in food are as follows: Cuts in the mouth and throat and damaged teeth. Illness due to ingestion of the object. Allergic reactions to ingredients that were not supposed to be in the food. Lacerations by sharp objects found in the food that was not expected by the customer.
Fast food chains are known the world around not just for their ability to quickly hand out decent quality food to customers at low prices. Due to the speeds in which food is prepared, mistakes are bound to happen. A lot of these restaurants also already pre-prepared a majority of their produce, so when there is an object inside a burger patty or heap of lettuce, those preparing it are unlikely to see it. Listed below are some of the popular fast food chains in California:
If you have been injured from consuming food containing a harmful foreign object in it, you may be entitled to file a lawsuit against the fast-food chain, restaurant, or any other party responsible for your damages. Clients who file their claim with our top law firm may see some if not all of the following damages compensable:
Fast food chains, restaurants, and other places of business are expected to ensure the safety of their customers when they are consuming their product. When this safety is breached due to something like finding an object in your food, a lawsuit can be filed against the restaurant, fast food chain, or other place of business responsible.
1. Immediately alert a manager or server . The most typical defense in such claims is that the object was not caused by that particular food. We recommend that you immediately show the object to a supervisor at the restaurant and ask to complete an accident report. You should keep and preserve the item in question. Do not allow the restaurant to take the object away.
Sellers and manufacturers of food and drink have a legal duty to ensure that the food and drink are uncontaminated and safe for human consumption. Persons injured by a foreign body may be entitled to pursue a claim against the seller or manufacturer of the food or drink in question.
3. Obtain the medical attention you need to protect yourself. Obtaining prompt medical care not only prevents further injury or damage, but also provides additional documentation of your injury. 4. Contact an attorney . Do not sign any statements or accept any offer made by the restaurant.
Such foreign materials can cause numerous potential health concerns and personal injuries if swallowed, including choking, broken teeth, temporomandibular joint (TMJ) injury, lacerations to the tongue and esophagus, and significant injury to the stomach and internal organs, sometimes even requiring surgery to remove the object.
What is Considered a Foreign Object in Your Food? A foreign object may involve, quite simply, any substance or body which does not belong in the food or drink. Claims often arise when food served in restaurants include pieces of a broken glass or plate, packaging, etc.
Do not sign any statements or accept any offer made by the restaurant. Be aware that if you do, you may be impairing your rights to pursue a claim later. If you believe that you have sustained an injury, you should contact an attorney to inquire into your legal rights. Be aware that specific deadlines may exist to bring claims.
Witnesses may be able to testify that the defendant, such as a restaurant or manufacturer, was responsible for preparing the food and that no other party was involved in the process. This can provide circumstantial evidence that the defendant was involved in the process.
Victims can discuss their case with a personal injury lawyer who is familiar with foreign object claims. State laws vary widely as to which foods are allowed in foods and a knowledgeable attorney can explain whether a particular object is permitted in prepared food according to the state’s laws. Additionally, a lawyer can provide an objective opinion about whether the case is worth pursuing in court or if a settlement with the responsible party may be preferable.
Once a defendant is determined, the plaintiff is then tasked with the responsibility of showing that the defendant was negligent, meaning that he or she breached a duty of care that he or she owed to the plaintiff.
Types of Injuries. If there is a hard object in the food, such as a tooth, glass or bone, a person may suffer a physical injury such as injuries to their mouth, teeth or gums. Lacerations may occur if there are sharp objects in the food. This may result in cuts in the mouth or throat.
Courts have found that foreign objects in food are considered those that are not reasonably expected upon consumption. For example, stones, rocks or small pebbles may wind up in food. Glass, paper and plastic may also make their way into food. Human body parts may even show up in it.
As such, the possibility exists that food manufacturers and the suppliers will not catch every object that does not belong in the product. When a person consumes a food that has a foreign object in it, he or she may suffer a physical or emotional injury.
When you consume food, you usually do not expect to find foreign objects in it. While such action may seem grotesque, whether or not you have a viable case depends on a number of factors. Additionally, pursuing the case involves an even closer analysis.
But it could all be worth it in the end. One man was awarded ÂŁ17,000 after he found a dead mouse lodged in his loaf of bread.
If the Environmental Health officer is confident an offence has been committed and enough evidence is available, they may consider formal action.
Unfortunately though, this kind of thing is not uncommon. If you’re a regular reader of this website, you’ll know people find disturbing things in their food quite a lot.
Yes, get in touch with the shop you bought the food from, and send them a copy of your receipt and photographs.
You should contact a personal injury lawyer in your area. But as Mr. Mann points out, the fact that you were not injured (thankfully) limits your ability to sue and the damages you will collect, if any.
While it is unfortunate you found a piece of metal floating in your soup, you must prove that you were damaged in some way (physically or mentally).
Cases like this are handled by personal injury attorneys. These attorneys, if they believe the case has merit, and enough money is involved will take the case on a contingency basis so you will not have to pay anything. You should save the allegedly foreign object. It does sound, however, as if you were not injured.
The average value of a foreign object in food lawsuit is over $100,000 if you suffered some kind of injuries that had a profound impact on your health and life. You may not have been able to return to work, for example, because of digestive troubles. If the restaurant were aware of the foreign object and did nothing to remedy the situation, you might have a case worth over $200,000. Moreover, at times, restaurants can be targeted in class action lawsuits, which could e valued at over $10,000,000.
Pita Pit. A foreign object can be found in the food of any of these, or any other fast food establishment. Foreign objects could appear in a burger, a taco, a slice of pizza, or even a cup of orange juice.
Allergic reactions to ingredients that were not supposed to be in the food. Lacerations by sharp objects found in the food that the consumer did not expect. A victim of injuries sustained as a result of having a foreign object in their food should not have to suffer without some form of compensation.
Sometimes, swallowing a foreign object can cause life-threatening conditions that require extensive hospitalization, treatment, or even surgery. Some common injuries caused by a foreign object in food are as follows: Cuts in the mouth and throat and damaged teeth. Illness due to ingestion of the object.
When someone consumes, breaks a tooth, or damages their dentures on a foreign object, the restaurant should be held liable for the damages that they have to endure. The reparative treatments that are often required to fix broken teeth can be incredibly expensive, as can the costs to repair broken dentures. Sometimes, swallowing a foreign object can cause life-threatening conditions that require extensive hospitalization, treatment, or even surgery. Some common injuries caused by a foreign object in food are as follows:
Fast food restaurants are named as such for their expediency in getting the food from the grill to the customer’s hands at a low price. Due to this focus on speed, mistakes are bound to occur during the food’s preparation. A large majority of these restaurants also pre-prepare a lot of the ingredients to make their food products, so when there is an object inside of a burger patty or salad, those preparing the food are unlikely to spot it. Bulleted below are some of the popular fast food chains throughout the state of California:
These foreign objects can be anything from a relatively harmless piece of soft plastic to metal nails and rocks that can crack teeth and cause damage that at times can be irreversible. Victims who have been damaged by foreign objects in their food have every right to sue the fast-food chain, restaurant, or food product manufacturer responsible for the incident. If you or a loved one has suffered damages as a result of finding a foreign object in your food, you may be eligible to file a claim for compensation. At Los Angeles’s top law group, Normandie Law Firm, our qualified team of experienced lawyers can guide you through the often arduous process of building your case and filing a claim for compensation. If you are looking for the average settlement amount for a foreign object in food lawsuit, please read on for some guidelines. If you have any questions after reading this article, please feel free to reach out to our top-rated law offices for a free consultation. An attorney with expertise in foreign object in food injury lawsuits will be able to help you.