Product Liability is a sub type of Personal Injury Law. Defective Food Products are a kind of Product Liability cases.
Defective Food Products can arise in 2 situations.
- Foreign Objects in the Food
- Food Poisoning
1. FOREIGN OBJECTS IN FOOD
Food products are recalled every day for a variety of reasons. For example, the company that produced such a product may have failed to list allergens, or there may be other labeling issues. One thing is certain, unexpected food issues are a serious safety concern. If you have had a problem with a food product, how do you know whether that problem warrants legal action?
Foreign Items in Food
One issue that is universally understood is that no food product should contain foreign material that does not belong there. For example, there should not be a piece of metal in a cupcake, and if such a material is found, the producer is strictly liable for any harm caused by consuming the product. On the other hand, if you were to find a pit in a can of peaches, it could be considered a naturally occurring issue and the manufacturer would not be liable because the pit could be reasonably expected.
Fast Food Companies
Fast food companies are often the target of lawsuits. Fast food products are prepared quickly by workers who are not always skilled or experienced, and accidents can occur. Sometimes food products are tampered with intentionally. When a foreign object is found in a food product and it clearly should not be there, a lawsuit might be in order whether it wound up there intentionally or accidentally.
When is a Food Manufacturer Liable?
When determining if a food manufacturer is responsible for injuries caused by a food product, the court will consider consumers’ reasonable expectations. For example, while is it reasonable to find a pit in a can of pitted peaches, one should never find a chicken bone in a can of pitted peaches. While those are clear distinctions, some situations are not clear to the consumer.
A foreign object is something that is not reasonably expected to be found by a consumer during the consumption of food. This can include some of the objects we named, such as glass, metal, and rocks. But, it could also be an ingredient that was not listed and wasn’t expected to be included in the product or meal. An example of this could be someone who has a peanut allergy buying a product that doesn’t contain peanuts but ends up finding peanuts in the product and suffers an allergic reaction because of it.
While that example is a worst-case scenario of what could happen, there are other examples that occur more regularly that the law doesn’t take seriously. These could include finding a chicken bone in chicken or apple seeds in an apple pie.
Yes, they are foreign objects, but they can reasonably be anticipated to be found in these types of food. Claims that have been made based on these common occurrences have been scoffed out of court because of their non-serious nature. Courts will only award damages to someone who was seriously affected by foreign objects found in their food. This includes:
- Cuts that occurred in the mouth or throat
- Damaged teeth
- Illness from the ingestion of a foreign object
- Allergic reactions
- Lacerations found inside the body
WHAT TO DO IF YOU FIND METAL OR A FOREIGN OBJECT IN YOUR FOOD
You may have suffered medical injuries after ingesting a “foreign object” in your food.
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.
Alternatively, pre-packaged foods might contain metal screws or mechanical parts. More difficult claims involve those in which the object is naturally occurring, such as a bone or fragment of a shell.
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.
WHO IS RESPONSIBLE FOR FOREIGN OBJECTS IN FOOD?
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.
CAN YOU SUE AFTER FINDING A FOREIGN OBJECT IN YOUR FOOD?
Depending on the circumstances, claims might be available under theories of negligence, strict liability, products liability, and breach of implied warranty under Uniform Commercial Code, among others.
In order to present such a claim, the injured person must prove (1) that the seller had “exclusive control” over the food in question, (2) that they suffered a serious physical injury, and (3) that the foreign object was the “proximate cause” of the injury.
WHAT STEPS SHOULD YOU TAKE AFTER FINDING A FOREIGN OBJECT IN YOUR FOOD?
If you are injured by such a foreign body while dining at a restaurant, we recommend that you take some immediate steps to protect yourself and preserve your claim:
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.
2. Maintain and preserve all possible evidence, including the object itself, as well as the receipt for the purchase. If possible, take a photo of the food and plate. Obtain the name of your server and the store manager, and write down the names of all of your dining companions. Request and keep a copy of the restaurant’s incident report. If a lawsuit were ever required, it may take years for the case to proceed to discovery or trial. Such documentation will refresh your recollection of the events.
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. 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. We can take appropriate action to protect your interests, and may be able to conduct additional investigation to determine how this incident occurred, and whether similar incidents have previously occurred.
2. New Jersey Food Poisoning Lawyers
There is an increase in recent stories involving food poisoning and the safety of our food supply. According to the Center for Disease Control (CDC), food poisoning affects 1 out of 6 Americans each and every year. While many of these cases pass quickly and seem no more dangerous than the common flu, food poisoning can be extremely dangerous – especially in children and the elderly. Occasionally, these food poisoning cases can be so serious, they may require long-term hospitalization, outrageous health care expenses, and even loss of pay.
If you or a loved one now face sizeable expenses, you could be entitled to compensation from the restaurant, grocery chain, distributor or convenience store that exposed you to the illness.
WHAT ARE THE COMMON SIGNS OF FOOD POISONING?
According to the CDC, symptoms can vary depending on the type of virus you’ve contracted, but the most common symptoms include:
- Upset stomach
- Stomach cramps
- Nausea
- Vomiting
- Diarrhea
- Fever
More serious symptoms can manifest, including:
- Bloody stools
- High fever (temperature over 102°F, measured orally)
- Frequent vomiting that prevents keeping liquids down (which can lead to dehydration)
- Signs of dehydration, including little or no urination, a very dry mouth and throat, or feeling dizzy when standing up.
- Diarrhea that lasts more than 3 days
If you find yourself experiencing any of these more severe symptoms, be certain to contact a doctor or healthcare professional immediately.
THE COMMON CAUSES OF FOOD POISONING
Also referred to as Foodborne Illness, food poisoning can be contracted in a number of ways including improperly prepared foods, poor hygiene of the food preparer, or from a number of foodborne illness strains. Out of more than 250 strains, the most common include:
- Salmonella (causes about 1 million cases per year): The leading cause of hospitalization and death, Salmonella is caused by undercooked eggs, unpasteurized milk or juice, poultry and peanut butter. Symptoms include fever, diarrhea and vomiting, and last for 4-6 days.
- E. Coli (causes about 200,000 cases per year): Comes from undercooked beef, unpasteurized products and raw vegetables and can lead to kidney failure. Symptoms include vomiting, diarrhea and lasts between 5 – 10 days.
- Norovirus (causes about 5.5 million cases per year): Norovirus has been known to occur on cruise ships and is caused by contaminated drinking water, shellfish and improperly handled food. Symptoms include vomiting, fever, diarrhea and headache. Symptoms last between 12 – 60 hours.
- Typically, this strain of foodborne illness occurs on Cruise Ships, in hospitals, and at fine dining restaurants. Norovirus is a highly infectious strain of food poisoning and is responsible for more than half of all food poisoning reports.
- Shigella (causes about 130,000 cases per year): Caused by a bacterial agent, Shigella is found in raw produce, contaminated water and uncooked foods. The most common symptoms include fever, stomach cramps, and bloody diarrhea. Symptoms last between 1-2 days.
To see a current list of the most recent recalls and outbreaks, visit:
HOW TO FILE A FOOD POISONING LAWSUIT IN NEW JERSEY
The first step in filing a food poisoning lawsuit is by finding the right food poisoning lawyer to handle your claim. Contact an aggressive attorney at Pagliara Law Group.
FREQUENTLY ASKED QUESTIONS ABOUT FOOD POISONING LAWSUITS
FAQ: Is there a statute of limitations involved with food poisoning lawsuits?
Yes! It is incredibly important to seek out an experienced and skilled attorney immediately, so contact Pagliara Law Group now to ensure your rights are preserved!
FAQ: Are there any examples of food poisoning lawsuit cases and food poisoning settlement amounts?
Over the years, there have been a number of food poisoning lawsuit cases, and more are continuously filed each day. Here are just a few examples:
–ConAgra Peanut Butter Settlement: While the settlement amount was confidential, a major outbreak lead to more than 750 victims suing the food producer over salmonella-tainted peanut butter.
–The Holiday Inn at Fisherman’s Wharf: In 1988 William Kirkparick of Redding, CA was poisoned by raw oysters at the Holiday Inn at Fisherman’s Wharf in San Francisco and received a settlement of $1 million, the largest award ever in a food product liability case at the time.
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