Yes, you can sue if an object is found in your food, especially if it has caused you harm. The laws in the US allow a person who is hurt or harmed to sue under the legal claim of Negligence. This is an important legal concept for the area of food law to understand and we explain it below.
How to use Negligence to Sue for an Object found in your Food?
Negligence requires you to show four things: i) Duty, ii) Breach, iii) Cause, iv) Harm.
Restaurants have a duty to practice safe food habits and not to allow harmful objects in guest’s food. If an harmful object is placed in your food, they have breached the duty of practicing safe food habits. But-for the restaurant placing the harmful object in your food, you would not have been caused harm. Lastly, you actually suffered harm.
If all of the facts are true in your cause, you meet the legal elements of Negligence and can sue a restaurant for an object found in your food.
Actual Damages are Important
It is very important to have actual damages in order to properly sue. You typically can not successfully sue just because you want to. How were you harmed? Did you eat the object and get sick? Did it cause you to miss work?
In many cases, it’s probably best to just ask for a refund or get another dish for free. But, if you were actually harmed, you can use legal remedies and sue. It is best to contact a lawyer to help you with this matter.
If the restaurant is particularly dirty, you can call the health inspector or the federal government if it is located in a federal facility. So for the question of “Can you Sue a Food Company for an Object Found in your Food?” The answer is yes, especially if you are physically harmed in a negative way.
Visit our Food Law Section to learn more about how food and the law is intertwined.