Foreign Object in Food Settlements in California

Yes, it may be possible to sue a food company for an object that was found in their food in California. Initiating a lawsuit when a foreign object is found in food usually begins when the injured party, or plaintiff, files a complaint in the proper court in their jurisdiction.

A complaint is a legal document that is usually drafted by an attorney. It outlines the relevant facts and specific laws that the defendant alleged to have violated and any food safety violations.

The complaint will also outline what the plaintiff is requesting from the court in terms of remedying their issue. Examples of this may be a damages award or an injunction to prevent the defendant from engaging in certain conduct.

The plaintiff is required to provide certain evidence to support claims they make against the defendant. The first item to prove is that a foreign object was found in their meal or food.

Injuries that are commonly associated with this type of claim include:

• Punctures or lacerations in the mouth or throat;
• Broken or chipped teeth;
• Digestion-related illnesses, such as E. coli.

There are a variety of symptoms that may arise from an allergic reaction to ingredients that were not expected to be found in the food based on how it was labeled. In order to prove an injury caused by a foreign object in food, a plaintiff should provide copies of their medical and dental records.

One example of this would be a copy of X-rays that were taken to locate the foreign object. If the foreign object that was in the food did not cause a food injury, there would be little chance of success in the personal injury claim.

One common example of this would be an individual finding hair in their food. A plaintiff will also be required to provide evidence that their injuries resulted in financial damages.

Common damages that personal injury victims are awarded include compensation for:

• Medical bills;
• Treatment costs; and
• The time they missed at work due to seeking medical treatment for or healing from their injury.

If an individual has any questions regarding a foreign object in their food claim, they should consult with a local attorney in California.

What Is a Foreign Object in Food or Meal?

Pursuant to injury laws, a foreign object in food refers to an individual’s discovery of an object in their food or meal. The item or object must be one that would not reasonably be expected to be in the food or meal.

Common examples of foreign objects that may be found in food or meals include, but may not be limited to:

• Glass;
• Gravel and rocks;
• Metal;
• Jewelry;
• Wood;
• Plastic;
• Cigarettes;
• Gum;
• Feces;
• Hair;
• Blood;
• Bones;
• Other animal parts.
• Foreign objects found in an individual’s food or meal can cause serious injuries to their teeth, gums, throat, or digestive tract.

Individuals who have been injured by a foreign object in their food or meal may be able to file a personal injury lawsuit in California. This type of lawsuit may be filed in California against a food manufacturer or other party that was responsible for preparing the food, for example, a chef or restaurant owner.

The type of foreign object that was found in the food or meal may impact the plaintiff’s ability to recover damages for the injuries they sustained. It may be difficult for an individual to file a personal injury lawsuit if they were injured by an object that may be reasonably expected to be found in food or a meal because of its components or ingredients.

Examples of these types of objects would include:

• Finding a sharp bone shard in a dish containing meat;
• Chipping a tooth or teeth on a pit while eating peach cobbler;
• Swallowing an insect or twig when eating a salad or other pre-packaged produce items.

Can a Restaurant or Manufacturer Be Held Liable for a Foreign Object Found in My Food or a Meal?

A personal injury lawsuit, such as a foreign object found in food, is based on the legal theory of negligence. This means that, in addition to proving injury by the foreign object, a plaintiff must also show that the restaurant owner, chef, or manufacturer of the food was negligent in some way.

One example of this would be if one of the parties failed to take the proper steps to prevent the foreign object from entering the food. Another example would be if one of the parties should have been aware of the object prior to it being served or sold.

A party will be considered negligent if they were careless given the circumstances or if they acted in a way that no other reasonable individual would have in the same situation. There are four elements that a plaintiff must prove to prevail in a negligence claim, including:

• Duty: This refers to the responsibility one individual owes to another. Generally, people who are going about their day-to-day business owe a duty of reasonable care to each other;
  • This duty of reasonable care is the level of care that any ordinary and prudent individual would exercise in the same or a similar situation;
• Breach of duty: A breach of duty occurs when an individual’s level of care fails to meet the level as required by their duty;
  • In a lawsuit involving a foreign object found in food, this would arise if a chef failed to check the food before plating it;
• Causation: This means that the breach of duty was the cause of the plaintiff’s injury. The basic test for causation is, but for the actions of one party, the injury would not have occurred; and
• Damages: There must be tangible and quantifiable harm that occurred, such as a throat injury.

According to food tampering laws, food manufacturers and restaurants have a legal responsibility to ensure that consumers are not injured when eating their meals or consuming their products. If the issue is a widespread issue with a food product, it may be necessary for a food recall to be issued for the particular food product.

What Do I Do if I Find a Foreign Object in My Packaged Food?

An individual may have been injured by a foreign object in their food or meal. In this case, there is evidence they should collect to support their potential personal injury claim, including, but not limited to:

• Keeping the foreign object, when possible;
• Taking a photo of the foreign object;
• Taking a photo of where the object was found in the food or meal;
• Noting any witnesses that could verify their claim;
• Keeping the wrapper, container, or packaging that the food came in;
• Noting the name and address of the restaurant where the food was eaten;
• Recording the date and time of the meal;
• Obtaining medical records or dental records that show that the injuries caused by the foreign object were not present before the individual ate the food or meal.

Do I Need to Hire a California Lawyer if Foreign Objects in My Food Injures Me?

If you have suffered an injury because of a foreign object in your food in California, you should consult with an experienced California defective products lawyer. It is important to work with a local attorney in your area to help ensure that you receive the most relevant legal advice.

Your lawyer will help you gather evidence to support your claim, file your lawsuit on your behalf, and represent you in court when you have to appear. In addition, your lawyer can represent you during any negotiations for a settlement you may participate in with other parties involved in the lawsuit.