An ingestion hazard is a danger associated with products or substances that can injure someone who ingests them. Ingestion means the entry of substances into the body through swallowing.
Ingestion hazards can include:
- Parts or substances of a product that are toxic, corrosive, or harmful to the digestive system, such as batteries, chemicals, or drugs.
- Objects that are too big to ingest that cause a choking hazard when swallowed, such as toys, coins, or magnets.
- Contaminants that are absorbed through the digestive tract from food, water, or other liquids, such as pesticides, metals, or bacteria.
Ingestion hazards can cause various health effects, such as:
- Metallic or other strange tastes in the mouth;
- Stomach discomfort, nausea, vomiting, or diarrhea;
- Problems swallowing or breathing;
- Damage to the mouth, throat, esophagus, stomach, or intestines;
- Poisoning or infection of the blood or organs;
- Death.
What Are the Most Common Ingestion Hazards?
Some of the most common ingestion hazards, such as lead or toxic materials, are listed below.
Lead
Lead is a heavy metal that can be found in paint, pipes, soil, dust, toys, jewelry, and other sources. Lead can cause serious health problems, especially for children and pregnant women. Lead can affect the brain, nervous system, kidneys, blood cells, and bones.
Lead poisoning can cause symptoms such as:
- Headaches;
- Fatigue;
- Irritability;
- Learning difficulties;
- Behavioral problems;
- Anemia;
- Abdominal pain;
- Constipation;
- Seizures.
Toxic Materials
Toxic materials are substances that can cause harm to the body when ingested. Toxic materials can include:
- Household products (such as cleaners, detergents, and bleach);
- Industrial chemicals (such as solvents, acids, and bases);
- Medications (such as painkillers and antidepressants);
- Drugs (such as alcohol and nicotine);
- Plants (such as mushrooms, berries).
Toxic materials can affect different organs and systems depending on their nature and dose. Toxic materials can cause symptoms such as:
- Drowsiness;
- Confusion;
- Agitation;
- Hallucinations;
- Coma;
- Respiratory distress;
- Cardiac arrest;
- Liver failure;
- Kidney failure;
- Death.
Choking Hazards
Choking hazards are objects that are too big to ingest that can block the airway when swallowed. Choking hazards can include:
- Food (such as nuts, seeds, and grapes);
- Toys (such as balls and marbles);
- Coins (such as pennies);
- Magnets (such as neodymium magnets);
- Batteries (such as button batteries).
Choking hazards can cause symptoms such as coughing, gagging, wheezing, and difficulty breathing or speaking. Choking hazards can also cause damage to the throat or esophagus if they get stuck or puncture the tissue.
If you have been injured by an ingestion hazard due to someone else’s negligence or fault, you may be entitled to compensation. This can cover your medical expenses, pain and suffering, lost wages, and other damages. You may need a personal injury lawyer who can help you with your claim and protect your rights. A personal injury lawyer can evaluate your case, gather evidence, negotiate with the insurance company, and represent you in court if necessary.
Can I Sue for My Injuries Caused by Ingestion Hazards?
You may be able to file a civil lawsuit for your injuries caused by ingestion hazards, depending on the circumstances of your case. Ingestion hazards can result from defective products, inadequate warnings, or negligence of the parties who sold or served you the contaminated food, water, or other substances.
To sue for your ingestion hazard injuries, you need to prove that:
- You ingested a product or substance that was contaminated or harmful;
- The contamination or harm was caused by a defect in the product, a lack of warning, or a breach of duty by the defendant;
- You suffered damages as a result of the ingestion.
The defendant in your ingestion hazard lawsuit could be:
- The manufacturer of the product or substance;
- The seller or distributor of the product or substance;
- The restaurant, grocery store, or other establishment that served you the product or substance;
- The employer, landlord, or other party that exposed you to the product or substance.
Who Decides Whether the Manufacturer Is Guilty?
The defendant may be liable for different causes of action depending on the nature of your case. Some common causes of action are:
- Product liability: This is when the defendant is responsible for a design defect, in the design, manufacturing defect, or marketing defect that caused your ingestion hazard injury. For example, if you ingested a toy that contained lead or a battery that leaked acid, you may have a product liability claim against the manufacturer or seller of the toy or battery.
- Negligence: This is when the defendant failed to exercise reasonable care in preventing or minimizing your ingestion hazard injury. For example, if you ingested food that was contaminated by bacteria or pesticides, you may have a negligence claim against the restaurant or grocery store that served you the food.
- Breach of warranty: This is when the defendant violated an express or implied promise about the quality or safety of the product that caused your ingestion hazard injury. For example, if you ingested water that was labeled as pure but contained arsenic, you may have a breach of warranty claim against the seller or distributor of the water.
What Happens if the Manufacturer Is Found Guilty?
If you succeed in proving your case against the defendant, you may be entitled to monetary damages. Damages are the losses you suffered as a result of your ingestion hazard injury.
Damages can include:
- Medical expenses: These are the costs of treating your ingestion hazard injury, such as hospital bills, doctor visits, medication, surgery, and rehabilitation.
- Lost income: These are the wages or earnings you lost due to your ingestion hazard injury, such as missed work days, reduced hours, or diminished earning capacity.
- Pain and suffering: This is the physical and emotional distress you experience due to your ingestion hazard injury, such as pain, discomfort, anxiety, depression, or loss of enjoyment of life.
- Punitive damages: These are additional damages that are meant to punish the defendant for their intentional or reckless conduct and deter them from repeating it. Punitive damages are not available in all cases and are subject to statutory limits in some states.
The amount and type of damages you can recover may depend on several factors, such as:
- The severity and duration of your ingestion hazard injury;
- The extent and impact of your medical treatment;
- The effect of your ingestion hazard injury on your personal and professional life;
- The degree of fault and responsibility of the defendant;
- The applicable laws and regulations in your state.
Should I Seek Legal Advice for Help With an Ingestion Hazard Injury Claim?
Suing for your ingestion hazard injury can be a challenging process. You need to:
- Gather evidence to prove your case;
- Identify the liable parties;
- Comply with the statute of limitations and other procedural rules;
- Negotiate with insurance companies and lawyers; and
- Present your arguments in court if necessary.
That is why you may benefit from seeking legal advice from a personal injury lawyer who can help you with your ingestion hazard injury claim.
Finding a personal injury lawyer who has experience with ingestion hazard cases can be easy with LegalMatch. LegalMatch is a free online service that connects you with qualified lawyers in your area who are ready to take your case. You can compare their profiles, reviews, fees, and availability and choose the best one for you.
Don’t wait any longer to get legal help for your ingestion hazard injury claim. Find a personal injury lawyer near you today with LegalMatch!
