When you purchase a food product, you expect it to contain only edible ingredients. However, foreign objects can end up in food during processing—and some are large enough to create a choking hazard.
It is possible to sue for choking on foreign objects in food. If you or a loved one suffered harm due to choking on a foreign object in food, you may be eligible to receive compensation for your losses. Keep Food Safe can connect you with a lawyer who is experienced in choking injury lawsuits.
Types of Foreign Objects Commonly Found in Food
A “foreign object” includes any item that does not belong in food, such as:
- Animal bones
- Glass
- Plastic pieces
- Metal fragments
- Wood splinters
- Stones
- Jewelry
- Bandages
- Nails
- Twigs
- Feces
- Magnets
These items can enter food at any stage of production, from harvesting and processing to packaging and distribution. It can also occur in restaurants when employees prepare meals. If you are harmed as a result, you may be able to sue the restaurant or distributor.
Foreign objects often enter food when food handlers do not follow safety protocols. For example, if a restaurant cook wears a broken bandage, the bandage may contaminate the food if a piece tears off. Similarly, a food processing plant worker may fail to remove their jewelry before their shift and drop it into the food. Failure to inspect and maintain machinery can also result in foreign objects ending up in food products.
Injuries Resulting From Eating Foreign Objects in Food
Choking is the most common danger when consuming foreign objects in food. This occurs when an object enters the airway, preventing air from flowing to the lungs. Choking can quickly lead to death if the object is not dislodged. Though the Heimlich maneuver, also known as the abdominal thrust maneuver, can save lives, it can also cause injuries if not performed properly, such as broken ribs.
Chewing a foreign object can cause mouth injuries. Hard objects can damage the teeth, and sharp objects can damage the gums. Broken teeth or cuts in the mouth can cause pain, bleeding, and difficulty eating or speaking.
Swallowing a foreign object that is sharp or pointed can damage your throat, intestines, and other parts of the gastrointestinal tract. Internal bleeding and even perforated organs can result from swallowing sharp objects. Bowel obstructions are also possible if the object is large enough, leading to severe abdominal pain, constipation, or vomiting. Foreign objects contaminated with bacteria or other pathogens can also cause food poisoning.
Liability From Choking on Foreign Objects in Food
Anyone who handles food at any point during its production and preparation is responsible for keeping it safe for its intended mode of consumption. Failure to do so may lead to product liability, a legal principle that holds manufacturers, distributors, suppliers, retailers, and others in the chain of production responsible for injuries resulting from a defective or unreasonably dangerous product.
Foreign objects are a normal part of many food products, but dangerously large or sharp objects are not. Naturally occurring objects like bones in cooked fish or chicken are known hazards to consumers. However, accidental foreign objects in food can be classified as a defect that makes the product unreasonably dangerous.
Keep in mind that you only have a case for liability if you suffered an injury or illness as a result of the foreign object in your food. The mere potential for harm is normally not enough.
Legal Steps To Take if You Choke on a Foreign Object in Food
If you choke on a foreign object in food, take these steps to protect your health and legal rights:
- Preserve the foreign object and food if possible.
- Seek immediate medical attention. Even if you feel fine after removing the object, it’s important to get a medical evaluation soon after the choking incident. Some injuries, such as small tears in the esophagus or digestive tract, may not be immediately noticeable but can lead to serious complications if left untreated. Medical attention can also prove a link between the object and your injuries if you decide to take legal action.
- Document the incident and aftermath. Write down what happened, where you were, what you were eating, and your symptoms during and after the choking incident.
- Contact Keep Food Safe to connect with an experienced food safety lawyer who can ensure you know your legal rights and guide you through your next steps.
- Notify the restaurant, retailer, or manufacturer. Let them know what happened and complete a formal incident report if they give you the option. Ideally, this step will be completed once you secure high-quality legal representation.
Compensation You Can Recover in a Choking Injury Lawsuit
You can recover compensation for economic and non-economic losses you suffered as a result of the foreign object in your food, including:
- Past and future medical expenses.
- Lost wages during your recovery period.
- Lost earning capacity if your injuries affect your long-term ability to perform your job.
- Physical pain and suffering.
- Emotional distress.
- Permanent scarring, disability, and disfigurement.
Your exact compensation will depend on a wide range of factors, including the severity of your injury. For instance, a minor injury may result in minimal medical expenses and a few days of missed work, while a more severe injury could lead to extensive medical treatment and long-term inability to work. Case values for foreign object lawsuits range between a few thousand dollars to hundreds of thousands or more.
How Long Do I Have To File a Foreign Object Lawsuit?
Each state sets its own filing deadline through a statute of limitations. Though the statute of limitations for food-related injury cases is two to three years from the date of injury in most states, this varies. Further, depending on the facts of your case, your claim may be governed by a separate deadline for product liability claims. If you miss the correct deadline, you will most likely lose your right to seek compensation through a choking injury lawsuit.
Contact Keep Food Safe To Connect With a Skilled Attorney
Time is of the essence if you want to sue for a foreign object found in food, so it’s vital to consult with a food safety lawyer as soon as possible. Keep Food Safe is ready to connect you with an experienced attorney. Contact us today to learn more about filing a foreign object lawsuit.
