Imagine you’re enjoying a meal, at home, in a restaurant, or from a takeout container. Suddenly, you bite into something sharp, hard, or otherwise dangerous. It could be a piece of glass, metal, bone, or plastic. The next thing you know, you’re dealing with a broken tooth, internal injury, or foodborne illness. Now what?
In cases like these, understanding who may be held legally responsible for your injury is essential. Liability can depend on where the food came from, how it was prepared, and what caused the injury. Below, we’ll break down the legal implications and steps you should take if you’re hurt by something in your food.
Common Injuries from Contaminated Food
Before we get into liability, it’s important to understand how food-related injuries occur. Some common examples include:
- Choking on a foreign object like plastic or metal
- Cracked or broken teeth from biting down on hard objects
- Internal injuries or infections caused by contaminated food
- Food poisoning due to bacteria such as Salmonella or E. coli
- Allergic reactions from undeclared allergens or cross-contamination
Whether the incident happened at a restaurant or from a packaged product, you may have grounds to pursue a personal injury claim.
Who Can Be Held Liable?
Several parties may share responsibility for your injury, depending on the circumstances. Here’s a breakdown of possible defendants:
1. Restaurant or Food Establishment
If the food was prepared and served at a restaurant, the business may be held liable for failing to inspect, handle, or prepare the food properly. Restaurants are expected to meet food safety standards and serve meals that are safe to consume.
2. Food Manufacturer or Distributor
When the injury results from packaged or processed food, the manufacturer or distributor may be responsible. This falls under product liability law, which holds companies accountable for defective or dangerous products, including contaminated food.
3. Suppliers and Processors
Sometimes, food suppliers such as meat or produce companies, introduce hazards during packaging, processing, or shipping. They may be liable if they fail to follow safety protocols or if contamination occurred before reaching the restaurant or retailer.
Legal Theories That Apply
Three main legal theories may apply in a contaminated food injury case:
- Negligence: The responsible party failed to use reasonable care in preparing or handling the food.
- Strict Liability: The product was unreasonably dangerous when it left the manufacturer’s control, regardless of negligence.
- Breach of Warranty: The food did not meet implied promises of safety or merchantability.
An experienced personal injury attorney can help determine which theory best supports your claim.
What Should You Do If You’re Injured?
If you believe your injury was caused by something in your food, take the following steps:
- Preserve the Evidence: Save the food, packaging, receipt, and any foreign objects.
- Seek Medical Attention: Your health is the top priority. Medical records will also support your claim.
- Report the Incident: Notify the restaurant, store, or manufacturer.
- Document Everything: Take photos and write down details while they’re fresh.
- Consult a Personal Injury Lawyer: An attorney can help you file a claim and pursue compensation for your injuries, medical bills, and pain and suffering.
Final Thoughts
Getting injured by a foreign object or contaminant in your food is more common than many people think, and it’s not something you have to just “deal with.” You have legal rights. Whether your injury happened at a restaurant or from store-bought food, identifying the liable party and taking legal action may help you recover compensation and hold food providers accountable.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.
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