Remember the Friends episode when Pheobe found a finger in her drink? The drink company gives her $7000, that she later gives to Chandler. What a great episode! (It’s Season 1, Episode 3, “The One with the Thumb”, in case you want to watch it again.) Believe it or not, what happened to Pheobe might happen to you. Finding foreign objects in food is not as outlandish as it may seem. Rodents, glass, blood, plastic, feces, and fingers are just a few of the many things that have been found in food. When you find any foreign object in your food what’s the big deal?
Your health is the biggest concern. You might not realize there is something, that should not be, in your food until you're injured. Chewing, biting or swallowing it can cause injury to your teeth, tongue, throat, and when swallowed your digestive system. On the minor end, of the injury spectrum, you might end up with low-level food poisoning. On the major end, of the injury spectrum, you could choke, require surgery or even die from such an occurrence. Who then is responsible?
In the eyes of the law, you are owed a duty, by those responsible for your food items. When a foreign object is found in your food, that duty may have been breached. If so, you may have a claim for your injury. Compensation may be sought from:
Sometimes what causes injury isn’t foreign at all. Bones, shells, seeds, etc...are considered naturally occurring in some foods (ex. chicken bones in chicken). In Kansas, the law uses the "reasonable expectation test" to determine liability. What you ordered, where you ordered it from and, whether or not the business failed to exercise ordinary care, all will be considered when determining liability, in these instances.
If you suffer injury from a foreign object, or naturally occurring one, in your food, follow these six quick tips:
1. Consider seeking medical attention. Take care of your health first!
2. Preserve the food as it is. If at restaurant, make a report to the manager and ask for a written report that supports your position.
3. DON'T allow the person, you report your injury to, to take the item away from you. You will want to store the item, the object found and any associated packaging, to support your later claim.
4. Take pictures and video of the food, the object found, the packaging and any injury.
5. Keep your purchase receipt.
6. Contact a personal injury attorney.
Finding an object in your food is really only funny in sitcoms. Contacting the Kansas Department of Health, formally notifying the establishment of your injury and its cause, and filing a claim are things Attorney T. Morton, and team, take seriously, and can do for you. Take action today by calling 913.602.7288 or completing this FORM.
7500 College Blvd., Suite 500
PHONE & FAX