Under current Regulations, of which there are many, manufacturers and producers of food products have to make sure that the food they produce is fit for consumption and in merchantable quality when it is passed on to the consumer.
In a nutshell this means that they have to take precautions to make sure that there are no foreign objects in food as this could result in injury to a consumer and a foreign object in food compensation claim.
In the past those injured by a foreign object in their food had to prove a manufacturer was negligent before they could successfully sue for foreign object in food compensation.
This not only applies to food which you’ve bought from the Supermarket, it also applies to anything you find in your food when you go to a restaurant, curry house, Chinese restaurant, etc.
What is a Foreign Object in Food?
As experienced foreign object in food compensation Solicitors we have seen and dealt with all sorts of foreign object in food claims including:
- Glass
- Metal
- Wood
- Plastic
- Solidified sugar
- Tin foil
Succeeding with Injury Claims due to foreign Objects
The Consumer Protection Act 1987 removed the need to prove negligence against the supplier. All we have to prove is:
- Supply or production of the product by the Defendant
- A defect (the foreign object)
- Actionable damage (this means there must be injury or loss)
What do we argue?
As experienced foreign object in food compensation Solicitors, we would argue that the supplier was negligent and in breach of their statutory duty for a variety of reasons, such as:
- Allowing this product to be sold to the general public in your supermarket
- Failing to provide a product which was of satisfactory quality
- Failing to provide a product which was fit for purpose under section 14(3) Sale of Goods Act 1979
- Selling a defective product in breach of The Consumer Protection Act 1987
- Failing to have a reasonable system of inspection to ensure that foreign objects did not come to be in a product destined to be eaten
because……if you don’t ask you’ll never know!
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FAQ Foreign Objects in Food Compensation
What happens when food has been Contaminated by a Foreign Object?
When food is contaminated by a foreign object there can be a number of consequences which can include health risks such as choking, abrasions, infections and damage to teeth. It’s also possible if the contaminated food is ingested that this can lead to serious complications including gastrointestinal issues such as sickness, diarrhea and abdominal pain.
How much compensation for Food Contamination?
The amount of compensation for food contamination depends on various factors, including the severity of the injury and in particular, the duration of its impact. Not only is it possible to claim for the pain and suffering arising out of the food contamination but compensation can also cover medical expenses as well as lost earnings.
The first step is to contact a specialist personal injury lawyer who will be able to help you assess the prospects of success, the value of your claim and to pursue compensation for you.
What do you do if you find a Foreign Object in Your Food?
If you find a foreign object in your food then it’s important to look at the object to see what it is. This may help you work out how it got into your food and the potential danger it poses to you. Take photos of the object if possible with a ruler or along side a familiar object to give an idea of size. Advise the restaurant or retailer where you purchased the food and formally report the incident. Retain the foreign object and where necessary report the matter to your local environmental health office. Seek medical advice and speak to a personal injury solicitor as required.
