When you buy food, you don’t expect to find harmful foreign objects inside. Individuals injured by foreign objects in food may be entitled to seek damages for their harm. At the Law Offices of Robert Dixon, our seasoned Miami food injury lawyers can examine the merits of your case and determine the viability of your claim.
The Walmart brand ‘Fresh Express’ issued a recall for its Spring Mix salad this month after two Florida customers found a dead bat in the package. The recall affects salads sold in Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia. The Centers for Disease Control and Prevention (CDC) stated that two people reported eating some of the salad before discovering the animal. The bat was sent to the CDC rabies lab for testing, but the deteriorated condition of the animal did not allow the CDC to definitively rule out whether the bat had rabies. While the two individuals who ate the salad appear to be in good health, they will undergo post-exposure rabies treatment as a precaution.
Foreign objects in food can give rise to a lawsuit if they resulted in harm to the consumer. Courts have found that foreign objects in food are considered to be those that are not reasonably expected upon consumption. A bat is certainly not something that an individual who purchased a salad would reasonably expect to find in their food. Thus, if the bat in the salad caused an injury, a personal injury lawsuit may be possible.
These lawsuits can be complex because there are often multiple parties that may be liable, such as the food manufacturer, the restaurant, or the preparer. Under Florida product liability law, food manufacturers and restaurants can be held strictly liable for injuries a person suffers from consuming a foreign object or for illness from contaminated food. A defendant is strictly liable for a plaintiff’s injury if the product is in a condition that is unreasonably dangerous.
If you have found a foreign object in your food, it is important to keep it and the remaining food product so that you can document what happened. In fact, you should take a photograph of it if you can’t show someone immediately. You should then report the object to the store or restaurant from which it was purchased and seek medical care immediately.
The damages in a particular case will be based on the severity of the injury. Typically, an injured victim can recover medical expenses, including surgery, medication, and any hospitalization costs, as well as pain and suffering, lost income, and any other expenses stemming from the incident.
If you are injured due to a foreign object in your food, you may be able to sue for your injuries. At the Law Offices of Robert Dixon, our skilled Miami product liability attorneys have the skill, dedication, and experience to handle your claim. You can trust that we will make every effort to get you a favorable outcome in your case. For more information, call us at 1-877-499-HURT (4878) or contact us online today.
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