Eating Responsibly – From a Lawyer’s Prospective

Please don't read the rest of this article if you have a weak stomach. There you have it. You cannot say you weren't warned. I would prefer not to receive e-mails letting me know that you lost your lunch after reading this less than appetizing article. I am already aware of it. Injuries resulting from improper food preparation, contaminated food, and foreign substances in food are what we must talk about today.

Considering how much food is prepared for consumers every day in restaurants throughout the United States, personal injuries caused by food are relatively uncommon. From a very minor gum laceration due to a sliver of glass to the extreme cases where death has been caused by improperly prepared food, injury to the human body caused by food can run the gamut.

Cases involving food fall under the heading of product liability cases. If the injury-causing substance is foreign to the food, as a general rule a food preparer is strictly liable for injuries caused to a person. A piece of glass inside of an ice cream cone or maggots in a chicken breast are typical scenarios. If any ingestion of the foreign substance causes an injury to the body, both the preparer and seller of the food will be held responsible.

When you are injured by a food product which has a foreign body inherent to the food, it is a different case. One case we handled, for example, involved a fish bone which had been ingested in a Fillet-o-Fish sandwich from McDonald's. In this scenario, the person swallowed the sandwich and, because the bone got stuck in her esophagus, needed surgery. By not being careful to avoid having bones in a piece of fish labeled "fillet", the manufacturer of the fish patty was negligent, whereas McDonalds is not strictly liable for the injury.

For failing to warn patrons that certain foods contain common allergy creating agents, food preparers may also be strictly liable. Walnuts are a great example. Food preparers are also responsible for properly preparing food, ensuring that poultry has been cooked to a temperature sufficient to kill bacteria for example. You can get severe unwanted diseases, such as Hepatitis A and E. coli, from the lack of responsibility in food service employees not washing their hands when preparing food, especially after visiting the restroom.

Injuries caused by food poisoning can be hard to prove; the burden of proof lies in the injured party. Most people eat several times throughout the day, making it difficult to figure out which food item may have caused it.

It is much easier to prove that foods containing foreign substances have caused an injury than to prove that an injury was the result of contaminated food. If you don't have this evidence, you will not prevail. This is the only evidence that could possibly help you win your case. If you find a foreign object in your food, keep it and the remainder of the food in your possession. Don't hand it over to a restaurant employee under any circumstance.

There is no way to avoid this if you eat your meals out. We must trust in food manufacturers and those who prepare our food to take all necessary precautions. Even the world's best restaurants can have cases of food contamination or food poisoning. Know your rights. Consuming food that is poorly prepared or contains foreign substances and causes personal injury or sickness will result in the proper compensation.

You should exercise caution when selecting a restaurant by eating at restaurants with better reputations and obvious attention to cleanliness. Eat up!