Choking on Foreign Object in my Food – Can I Sue the Restaurant?

Whether you’re at a sit-down restaurant or stopping by to pick up a lunch order, you expect that the food you’re eating is safe and free of hazardous materials that can cause you to be injured. Unfortunately, careless conduct by restaurants and their employees can lead to a foreign object ending up in your food. By foreign objects, we are referring to a variety of items that do not belong in the dish you ordered. These may include, but are not limited to:

• Glass
• Pebbles
• Insects
• Animal parts
• Band aids
• Hair
• Blood
• Feces
• Fingernails
• Pieces of metal
• Bits from plastic utensils

Such items can pose a serious risk of choking injuries in both adults and children, and those with pre-existing health conditions (dysphagia, for example). If you choked on a foreign object in your food, you may have grounds to sue the restaurant and receive justice in the form of monetary compensation. If you’d like to explore your rights and legal options with a choking on food attorney, contact our law firm to schedule a free consultation.

Injuries Caused by Choking on a Foreign Object in Your Food

Food and other objects can easily cause people to choke, no matter the time or location. If the object cannot be dislodged in a timely manner, there may be serious injuries that can impact the victim’s health on a permanent basis. Injuries that can be caused by a choking incident include:

• Scratches and cuts in your throat / esophagus
• Seizures and shock from oxygen deprivation (hypoxia)
• Brain injury, possibly resulting in coma and/or death

There are precautions that you can take to keep from choking on food by accident, like breaking things up into smaller pieces. Unfortunately, the same methods cannot be applied to objects that should not have been in your food in the first place. Restaurants have the highest duty of care to prevent foreign objects from ending up in a customer’s order. If their negligence caused you to choke on your food, you have the right to seek financial restitution from the business owner.

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

Yes, it’s possible to sue a restaurant if you choked from a foreign object in your food. But these lawsuits are complicated, and there are various elements that must be proven in order to succeed in a food injury accident claim.

• There was an object in your food that should not have been there, such as pieces of plastic, hair, pebbles, etc.
• The contaminated food was prepared by and served to you by the restaurant.
• The foreign object in the food caused you to choke and suffer one or more health complications.
• The injuries you’ve sustained resulted in monetary damages, such as medical expenses and lost wages from your job.

These elements will establish that the business is liable, i.e., legally responsible, for causing you harm from a circumstance they could have prevented. To ensure that you have the strongest possible case, make sure to take pictures of the object and the food while you’re still at the restaurant. Then, seek medical attention immediately to obtain proof of your injuries. Finally, contact a choking on foreign object in food attorney to discuss the legal actions that are available to you.

Other Food-Related Injury Claims

Choking is not the only source of injury that’s associated with foreign objects in food from a restaurant. Take a look at some other injuries that can occur from these incidents:

• Broken teeth (or dentures)
• Severe cramping and pain in the stomach
• Internal organ damage
• Allergic reactions – swelling, hives, breathing difficulty, etc.
• Permanent Nerve damage

If you’ve experienced any of these issues from a contaminated food order at a restaurant, contact us for a free consultation on your rights and legal options. Our foreign object in food injury lawyers are ready to fight for you and the compensation you are entitled to from a lawsuit against the restaurant.

Take Advantage of a Free Second Opinion

The lawyers of Kenmore are not just here for those who are at the beginning stages of a lawsuit. We offer second opinions on active foreign object in food injury claims, which is for claimants with concerns or questions about their case. This is a free service where you can take advantage of a free case review from one of our attorneys. As there is no obligation to switch lawyers or do anything that you’re not 100% comfortable with, there’s no risk in setting aside some time to meet with us. For a free second opinion on your restaurant liability injury case, contact our law firm as soon as possible.

Case Value of a Foreign Object in Food Lawsuit

Incidents involving contaminants in food result in various injuries and health complications, which cause monetary losses to the victim. The type and amount of losses will vary from case to case, and that’s why there is no accurate answer we can give when someone asks us for an average case value for a foreign object in food lawsuit. Based on the severity of injuries, settlements for a choking hazard accident claim may be around $50,000 to $100,000 and above. If there are permanent health issues that require lifetime care, compensation of $1,000,000 and above is certainly possible, but these are for the most extreme cases.

Statute of Limitations to Sue for a Choking Incident

Lawsuits for a food-related injury at a restaurant must be filed within 2 years from the time of your accident. The statute of limitations for a lawsuit is absolute except in very rare circumstances. That means if you are past the two-year deadline, you will most likely lose the opportunity to sue the restaurant for a foreign object in food injury. Don’t wait to take action on a compensation claim; contact Kenmore Law Group for assistance from an experienced restaurant accident injury lawyer.

How Long Do these Cases Take to Settle?

Receiving your payment as soon as possible is a high priority, and insurance companies are very aware of this fact. That’s why they are quick to reach out to you as soon as they receive word that you’ve been injured on their client’s premises. The problem is that these payments are far below what you deserve, and this is why it’s essential to have a lawyer with experience in foreign object in food accident cases. As your legal representative, it’s our goal to bring you the highest possible settlement based on the losses you’ve suffered. This process can take anywhere from 30 days to two or more years, though the majority of cases at our law firm are settled within 6 to 10 months.

Contact the Attorneys of Kenmore Law Group

Being harmed by a foreign object in your food can be traumatizing to your body, as well as your mind. Then, there are the costs associated with an unexpected injury, which can be prohibitive for the average victim. Achieving justice on behalf of these victims is the principle behind everything we do here at Kenmore Law Group. As someone that was injured by choking on a foreign object in your food, you can count on us to fight tirelessly for the payment you are owed.

No matter how much time and work we invest in your case, you will never be billed for any of our services under the Zero Fee Guarantee. All legal fees are paid as a part of your settlement award, which means we make absolutely nothing until we win your case.

Our law firm is here to take your call 24 hours a day, 7 days a week, so contact us immediately to schedule a free case evaluation if you had a choking incident from a foreign object in your food.