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Can I Sue for Choking on a Foreign Object in My Food?


Can I Sue for Choking on a Foreign Object in My Food incident liability attorney sue lawsuit

Restaurants can sometimes be lax in their duty of care when it comes to the preparation of food. As a result, foreign objects may end up in a customer’s order, which can be traumatizing to the body and mind. Glass, insects, rocks, hair, blood, feces, nails, fish bones, and other contaminants in food can be found in fast food restaurants, as well as fine dining establishments. These objects are a choking hazard for unsuspecting customers, and if you are one of these individuals, you may be wondering:

“Can I sue for choking on a foreign object in my food?”

Yes, you have the right to demand monetary compensation from the establishment that caused your injuries if you choked from something that did not belong in your food. You can also sue the restaurants for other injuries related to food contamination, such as allergic reactions, damage to your internal organs, and complications from food poisoning. For more information on your rights and legal options, contact our law firm to schedule a free case review with a choking on food attorney.

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Health Problems Caused by Choking

Choking from food is a very summon source of injury at restaurants, and most of these cases involve food that gets trapped in the esophagus. Many incidents of choking on food cannot be blamed on the restaurant, but choking from a foreign object is a whole different issue. If there is something in your food that definitely does not belong there, it’s likely the foreign object will cause serious harm in the form of:

  • Damage to the throat and esophagus
  • Oxygen deprivation to the brain
  • Brain damage, and possibly, death

There are plenty of ways to prevent choking on food, such as breaking it into smaller bits and taking time to chew your food thoroughly. But this won’t help you when there is a foreign object in your food, like pieces of plastic and metal. With that in mind, restaurants have the highest duty of care to prevent such things from ending up in a customer’s order.

Other Injuries from Foreign Objects in Food

Foreign object that are found in food can lead to many other injuries, apart from health issues related to choking. Here are some of the most common injuries associated with these cases

  • Stomach irritation, causing severe pain and cramps
  • Allergic reactions – rashes, hives, stomach cramps, vomiting, diarrhea, anaphylaxis
  • Cuts in your mouth and throat
  • Dental damage – broken teeth / dentures
  • Brain or nerve damage

If you decide that we are right law firm to represent you, our lawyers will ensure that you receive compensation for all the injuries you’ve suffered as a result of the restaurant’s negligence. To learn more about your rights as a food contaminant injury victim, please give us a call.

Who is Liable for my Injuries?

Understanding who is responsible for your injuries is crucial to going after the right party in a foreign object in food injury lawsuit. First and foremost, we would have to establish that the object that caused the injury did not belong in the food in any shape of form. As an example, a chicken bone found in a chicken dish is to be expected. A piece of plastic, on the other hand, definitely does not belong in a food order from a restaurant.

As for who is liable for a foreign object in a customer’s food, the restaurant is generally to blame in these situations, according to California’s strict liability laws. However, you will need to prove that the food you consumed, which is directly responsible for your injuries, was prepared and served to you by the restaurant. The restaurant’s insurance company will give you a hard time when it comes to evidence for a case of foreign object in food accident claim. This is understandable, as their job is to save their client’s money and deny you compensation in any way possible. At the very least, they will try to settle your case for the lowest amount, which is certainly to their advantage.

It’s essential to have an experienced attorney by your side, who can help you build a solid case for monetary damages. In fact, it’s in your best interest the hire a personal injury lawyer right away, as it’s very easy to say something to the insurance that can be used against you. Before you speak to the insurance adjuster that’s handling your claim, please take a moment to consult a foreign object in food attorney at our law firm.

Average Value of a Foreign Object in Food Injury Claim

Based on our many years of experience with restaurant injury cases, we can say for sure that there is no such thing as an “average” settlement value for a food contamination lawsuit. Based on the degree of injury and the accident’s impact on your life, payments of $50,000 to $100,000 and above are possible in these cases. However, if there are severe injuries that keep you out of work for a long period of time, cause significant emotional trauma and other serious problems, the value of your case may exceed $200,000. Of course, there are claims with minor complications that merit less compensation, which is why it’s essential to discuss your incident with an experienced foreign object in food attorney.

Can I Sue for Choking on a Foreign Object in My Food incident liability attorney sue lawsuit
What is the Estimated Time to Settle these Cases?

Reaching a settlement with the restaurant may take as little as 30 days, but the majority of claims take at least a few months to resolve. Depending on your health issues, level of negligence by the restaurant, and many other factors, it may take anywhere from 6 to 12 months to bring you compensation from a foreign object in food accident case. If it’s clear that negotiations will not get us any closer to a reasonable settlement offer, we will proceed with a lawsuit, which will add one or more years to the case resolution timeline.

How Long Do I Have to File a Food Contamination Lawsuit?

You have two years from the date of the incident to sue a restaurant for a foreign object in food injury case. There are some exceptions to this rule, but these involve extremely limited circumstances that will not apply to most victims. To ensure that your lawsuit is filed on time, contact us immediately to initiate a claim with assistance from one of our attorneys. Keep in mind that if you miss the statute of limitations to submit your claim, you may permanently lose the right to seek compensation for the harm you’ve suffered.

Legal Advice from a Restaurant Accident Injury Attorney

Finding a foreign object in your food is not something you should have to worry about when you order something from a restaurant. Unfortunately, there are many instances of negligence that can lead to objects ending up in people’s food. This can cause injury to many people at the same time, and these victims should not have to suffer in silence when the law is on their side.

DTLA Law Group is dedicated to the rights of injury victims and their family members. We know how devastating these incidents can be, which is why we are tireless in our fight to bring you maximum payment from a foreign object in food injury lawsuit. We don’t just help recently injured victims, by the way. Our law firm offers free second opinions, as we know there are many people who have concerns about an active restaurant injury case. If you’d like to take advantage of the expertise of one of our attorneys, don’t hesitate to contact us for a free second opinion.

All clients receive the Zero Fee Guarantee, which is a contingency-fee agreement that makes all of our services free to you. We only get paid by winning your case and securing the settlement you deserve as someone that was injured through no fault of your own. If you don’t receive compensation from a successful lawsuit, you won’t be billed for any legal fees.

Contact us as soon as possible to speak to a lawyer with experience in foreign object in food injury claims.

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