Brooklyn Attorney for Injuries Caused by Objects in Your Food
Finding an object in your food can not only spoil your meal, but it can also leave a person with a serious injury if they consumed the object. Restaurants and food manufacturers that fail to vet their food properly increase the risk of a customer getting food with an object in it. If you were injured because you consumed an object that was left in your food, consult with an experienced Brooklyn injury attorney due to foreign objects in food.
At Sullivan & Galleshaw, LLP, we believe that restaurants and food manufacturers should be held accountable for leaving foreign objects in food that can injure a customer. To schedule a free legal consultation to discuss your claim, contact Sullivan & Galleshaw, LLP at (718) 843-0300. You may also contact the firm online.
Common Objects Left in Food
Leaving a foreign object within an item of food is extremely dangerous for consumers. Unaware that their food has been contaminated, a consumer may begin to eat and chew on an object, or worse, ingest the object entirely. Depending on the object ingested, a consumer could need immediate medical attention or possibly even surgery to remove the object from their stomach.
There are a number of foreign objects that a person may find in their food due to the negligence of a restaurant or food manufacturer in Brooklyn. For example, a consumer could discover glass in their food that causes them to suffer severe lacerations in their mouth and digestive system. Other common foreign objects left inside food include:
- Bullets possibly used to hunt an animal, and that was not properly extracted
- Metals or jewelry that may fall off clothing
To learn more about liability for when foreign objects are left in food, continue reading and speak with an experienced Brooklyn personal injury attorney.
Liability for Foreign Objects Left in Food in Brooklyn, NY
If you discovered foreign objects in your food, you are entitled to know how the mistake occurred and who is responsible. Many foreign objects in food claims occur because of the negligence of a restaurant staff or because a food manufacturer did not implement proper food preparation protocols.
There are a few parties that could be liable if you discover an object in your food while eating a restaurant. For example, if you discovered a piece of metal buried in your food, it is more likely that the item found its way into your dish due to the negligence of a cook. However, as multiple employees handle your food, it could be difficult to determine which employee caused the issue.
Fortunately, a customer that is injured at a restaurant can hold the restaurant accountable for the object in their food. This is possible under the doctrine of respondeat superior that can make an employer vicariously liable for the actions of their employees. To be liable for the actions of an employee, the negligent actions of the employee must have occurred within the scope of their employment. For instance, if an employee does not notice that a rodent got into a customer’s food during preparation, that act of negligence can be attributed to their employer.
Additionally, if a consumer purchased an item of food at a local grocery store and discovered that there was an object in it when they attempted to eat it, the manufacturer will be liable. As some grocery stores manufacture some of the products they sell, the grocery store itself could be liable. Also, note that a product liability claim against a manufacturer can lead to liability for other entities in the chain of distribution.
When to File an Injury Lawsuit in Brooklyn for Objects in Your Food
If you wish to file a lawsuit against a company that left a foreign object in your food, you should know that your claim is subject to the statute of limitations. The statute of limitations is a law that dictates how long a plaintiff can wait before they file a lawsuit against a defendant.
Note, however, that certain types of lawsuits may have different filing deadlines than others. If you wish to file a personal lawsuit in New York, be aware that the statute of limitations is three years from the date of the injury. Additionally, product liability lawsuits also share the same three-year filing deadline.
If a plaintiff does not succeed in filing their case within three years, the defendant can move for the court to dismiss the claim. If this occurs, the plaintiff may not have another opportunity to seek compensation for their injuries.
While a three-year filing deadline is generous, you should not take too long to pursue your claim. Potential plaintiffs that wait too long to pursue a claim can only harm their case. Pursuing your case as soon as possible can help you fight for the compensation that you may need for medical bills and other expenses.
Our Experienced Brooklyn Injury Lawyers for Foreign Objects in Food are Here for You
If you or a family member was injured because of a foreign object left inside food, consult with an experienced Brooklyn lawyer for injuries caused by objects in food. With a wealth of experience litigating various injury claims, the skilled attorneys at Sullivan & Galleshaw, LLP are here to fight for you. To schedule a free case evaluation, contact Sullivan & Galleshaw, LLP at (718) 843-0300.