Under Florida law, consumers have the right to safe products, and food is no exception. When a foreign object, such as glass, metal, or plastic, causes injury, you may be able to sue for damages through product liability or negligence claims.
Keep reading for more from our Florida product liability lawyers, then call (561) 655-1990 to schedule a free case consultation today.
Understanding Florida’s product liability law
Florida law allows consumers to file product liability lawsuits if a defective product harms them. In the case of food, the presence of foreign objects can constitute a manufacturing defect, making it unsafe for consumption. Under Florida Statutes Section 768.81, a manufacturer, distributor, or restaurant can be held liable if their food is deemed unsafe due to negligence or failure to meet safety standards.
There are three primary grounds for a product liability claim involving a foreign object in food:
- Strict liability – This holds manufacturers or distributors responsible if a product is defective and causes injury, regardless of whether they were negligent.
- Negligence – You may claim that the party responsible for preparing or distributing the food failed to exercise reasonable care, resulting in your injury.
- Breach of warranty – This occurs when the product fails to meet the implied promise of safety and quality expected by the consumer.
How to prove a foreign object caused injury
You must prove that the foreign object directly caused your injury to succeed in a personal injury claim. This usually involves:
- Documenting the incident – If possible, retain the foreign object and the remaining food as evidence. Take photos and seek medical attention immediately.
- Seeking medical treatment – Obtain a professional diagnosis and treatment for your injuries. Medical records will serve as key evidence in your claim.
- Witnesses – If others were present when you discovered the object in your food, their testimony could help strengthen your case.
- Expert analysis – A personal injury lawyer may enlist experts, such as food safety professionals, to determine how the foreign object ended up in your food.
What damages can you seek?
If you win your lawsuit, you may be entitled to compensation for several types of damages:
- Medical expenses – Any costs related to treating your injury, including hospital visits, surgery, or medication.
- Lost wages – If your injury caused you to miss work, you could recover lost income.
- Pain and suffering – Compensation for the physical and emotional distress caused by the injury.
- Punitive damages – In some cases, punitive damages may be awarded to punish the negligent party and deter similar conduct in the future.
What to do after discovering a foreign object
If you find a foreign object in your food and have been injured:
- Preserve the evidence – Keep the object and any remaining food. Take photos of both.
- Report the incident – Notify the restaurant, grocery store, or food manufacturer. They may conduct their own investigation, but do not agree to any settlement without consulting an attorney.
- Consult with a personal injury lawyer – A skilled attorney can help determine whether you have a valid claim and guide you through the process.
How Lytal, Reiter, Smith, Ivey & Fronrath can help
At Lytal, Reiter, Smith, Ivey & Fronrath, we have extensive experience handling personal injury cases involving foreign objects in food. We understand the complexities of Florida’s product liability laws and can help you build a strong case. Our team will work tirelessly to hold the responsible parties accountable and ensure you receive the compensation you deserve.
If you’ve been injured by a foreign object in your food, contact us today for a free consultation.