Injured From Object In Food Or Beverage
3/26/2013 4:29 PM
My firm recently successfully represented a client in a unique case where someone was injured from a hook left in a piece of seafood.
Liability for the sellers of dangerous food in Georgia is codified in the Georgia Food Act.
The Georgia Food Act (O.C.G.A. §§ 26-2-20 et seq.) prohibits the adulteration or misbranding of food and the manufacture, sale, or delivery of any food that is adulterated or misbranded. Food is adulterated within the meaning of the Georgia Food Act if it bears or contains any poisonous or deleterious substance which may render it injurious to health. O.C.G.A. § 26-2-26(1). Adulteration can occur when there is a foreign object in the food that was sold. Additionally, liability for sellers of unwholesome food is based on O.C.G.A. § 51-1-23.
O.C.G.A. § 51-1-23 reads as follows:
Any person who knowingly or negligently sells unwholesome provisions of any kind to another person, the defect being unknown to the purchaser, by the use of which damage results to the purchaser or to his family, shall be liable in damages for such injury.
Depending on the facts, you can assert civil tort claims against the preparer or seller of the adulterated food or beverage, and the manufacturer based on common law negligence, breach of implied warranty of merchantability, and strict liability.
Damages Recoverable in a Georgia Food or Beverage Foreign Object Case
If you are injured when chewing, swallowing, or eating a foreign object, you will be able to recover damages for medical expenses, lost wages, and pain and suffering. You can also seek damages for emotional distress and anxiety you suffered from eating or getting injured from a foreign object in your food or beverage. However, Georgia follows the “impact rule” when it comes to proving emotional distress. This means that you need to have consumed some of the foreign object or was injured as a result of the foreign object.
It is important to act quickly in these types of cases. If you wait too long to inquire about your legal rights, it could hurt your case. For example, the legal duties of each corporation or person that handled the food or beverage need to be established if you are dealing with an unopened, packaged food that was sold at a grocery store.
Please contact us if you have any questions about your injury from a foreign object in a food or beverage in Georgia. My name is John Hurst and I’m a personal injury attorney who represents clients throughout the state of Georgia, including but not limited to people in Smyrna, Cobb County, Mableton, Marietta, Decatur, Gwinnett County, DeKalb County, Dallas, Paulding County, Kennesaw, East Cobb, West Cobb, East Cobb, Atlanta, and Fulton County.