Eating is an everyday activity that most people engage in without much thought. However, there are instances when this seemingly harmless act can lead to unexpected and even dangerous personal injuries. From choking incidents to severe allergic reactions, the act of eating can sometimes take a turn for the worse. Attorneys like those at The Andres Lopez Law Firm can attest to the fact that these food-related injuries, though unusual, can have serious consequences and may lead to legal action.
Choking Hazards
Choking is one of the most common food-related injuries and can occur in various settings, from restaurants to homes. Small, hard foods such as nuts, candies, and even improperly chewed meat can become lodged in the throat, leading to life-threatening situations. While most people can dislodge food with a simple cough, there are cases where the Heimlich maneuver or emergency medical intervention is required. Not to mention if a foreign object is in the food such as a piece of metal from food making equipment, that too can get lodged in a person’s throat causing a serious injury.
Choking incidents can also lead to legal claims, especially if the incident occurs in a public place or under the supervision of others. For example, if a restaurant fails to provide adequate warning about a dish’s choking hazards, such as serving fish with bones, they might be held liable if a patron suffers a serious injury. Or with the earlier example, the restaurant can be held liable for not taking proper care of their equipment.
Severe Allergic Reactions
Food allergies are another significant cause of personal injury. While some allergic reactions are mild, others can be severe and even fatal. Common food allergens include peanuts, shellfish, and dairy products. When someone with a food allergy consumes even a trace amount of the allergen, they can experience symptoms ranging from hives and swelling to anaphylaxis, a life-threatening condition that requires immediate medical attention.
Restaurants and food manufacturers have a responsibility to disclose potential allergens in their products. Failure to do so can lead to legal claims if someone suffers an allergic reaction. For instance, if a restaurant neglects to mention that a dish contains peanuts and a customer has a severe allergic reaction, the establishment could face liability for not properly informing the customer.
Injuries From Contaminated Food
Contaminated food is another unusual yet dangerous cause of personal injuries. Foodborne illnesses, such as those caused by E. coli, salmonella, or listeria, can result in severe health complications, including gastrointestinal distress, dehydration, and, in extreme cases, death. Contamination can occur at various stages, from production and packaging to preparation and serving.
When someone falls ill due to contaminated food, they may have grounds for a legal claim against the food producer, distributor, or establishment where the food was prepared. These cases can be complex, often requiring thorough investigation to determine the source of contamination and who is responsible. For example, it could be the person who did not cook the food well, or it could be the distributor who did not properly wash the food, etc.
Burns And Scalds
Hot food and beverages can cause burns and scalds, leading to personal injury claims. These injuries can occur when food or drink is served at a dangerously high temperature, causing immediate burns when consumed or handled. As a personal injury lawyer can share, a well-known example is the famous McDonald’s coffee case, where a customer suffered third-degree burns from spilled coffee that was served excessively hot.
In such cases, establishments may be held liable if it is determined that they served food or beverages at an unsafe temperature. Victims of such injuries often seek compensation for medical expenses, pain and suffering, and other related damages.
While eating is generally a safe and enjoyable activity, there are instances where it can lead to unexpected personal injuries. Being aware of the potential dangers and taking precautions can help prevent these unusual and unfortunate events. If you do encounter issues with your food, contact a lawyer near you for help.