As a business owner, keeping informed about the finer points of employment law is important. If you're getting ready to hire your first employees, you need to be sure that you understand exactly what you can and cannot do. Don't risk getting yourself into legal trouble by asking the wrong question at the interview or making an off-hand comment that's considered legally unacceptable. I created this site to give you the basics of employment law expectations. I hope that the information here helps you to understand what you should and shouldn't do as you're interviewing and hiring your first staff members.
When you purchase food, whether it's for at-home consumption or at a restaurant, you expect it to be free of foreign objects. You also expect that you won't be injured by eating the food you buy. However, that does not necessarily you have a legal claim for finding or being injured by something in your food that shouldn't be there. Here are some things you should know about suing for foreign objects in your food.
What Types of Foreign Objects Are Found in Food?
Just about any type of object can be found in food. Examples include bones, plastic objects, glass, whole or parts of animals, and even human body parts. Hidden contaminants, such as soap, drugs, or human body fluids have also been found. Some of these objects may be a natural occurrence, such as pits in cherries, in other cases, they are from a machinery failure or human error.
How Can One be Injured by These Objects?
How injuries occur is based on the size, shape, and type of object. Some objects are choking hazards and can be life-threatening. Other life-threatening objects include glass which can cut your esophagus or stomach, or plastic pieces that block your digestive system. Unexpected contaminants can also make you ill.
What Should be Done if an Object Is Found?
If you are in a restaurant, tell your server or the restaurant owner, if it's a pre-packaged food you took home, then contact the manufacturer. Take a picture of the object exactly as you found it. Try to get witnesses that can prove that you did not put that object in your food. Keep all receipts and proof of purchases. Get medical care if you were injured.
When Is a Lawsuit Necessary?
First, you have to prove that you were injured by the object and not just upset about it. Then, you have to prove that the object that injured you is not something that is expected to be in your food. For example, finding a fish bone in a fish or unpopped popcorn in a bag of popcorn is to be expected. Finding a piece of glass in a piece of bread is not expected, and the company who prepared or packaged that bread could be liable. You'll also have to prove that the company or restaurant is actually negligent and liable for that object being there.
You shouldn't have to suffer an injury because of someone else's negligence when it comes to preparing your food. If you've found something in your food that definitely was not expected, and you were injured by it, then you may have a basis for a lawsuit. Contact a personal injury attorney to see if you have a case and can receive compensation.