You may have heard horror stories of wriggling worms in ready meals or suspicious shapes in boxes of cereal, but they aren’t simply unpleasant or upsetting. When foreign objects find their way into our food, they can make us deeply unwell and cause serious harm. If you’ve experienced this but are unsure about your options for pursuing compensation, we’re here to explain how we can help you navigate the foreign object in food claims process.
Key Takeaways
- There was an annual average of 2,133 food safety incidents in England, Wales, and Northern Ireland between 2019/20 and 2023/24.
- Foreign objects in food can include jewellery, insects, mice, loose screws, and fingernails.
- A foreign object could be found in food sold at supermarkets, pubs, restaurants, grocery stores, and takeaways.
- Injuries can range from cuts and damaged teeth to food poisoning and internal perforation.
- Our solicitors are experts in the field of personal injury claims and have represented clients nationwide on a No Win No Fee basis.
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Can I Claim Compensation If Injured By A Foreign Object In Food?
You can claim compensation if you were injured by a foreign object in food as a result of a negligent third party’s actions during preparation, service, or production. Whether you are dining out or buying food in a supermarket, you are owed a duty of care by the establishment. This duty places a responsibility on any party in the food production and supply chain to abide by applicable legislation, primarily the Food Safety Act 1990. This act requires food:
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- Not be injurious to health.
- To be fit for human consumption.
- Be labelled, advertised, and presented truthfully.
Additionally, the Consumer Rights Act 2015 requires food sold by parties like pubs or restaurants to be as described, of satisfactory quality, and fit for purpose. If these key provisions and the applicable legislation are not adhered to, there may be grounds to claim compensation.
However, you will also need to ensure that your claim is filed within the correct time limit. This is typically 3 years from the date of the incident, but the timeframe can vary. You can learn more about this by reading our guide to the limitation period.
Are Foreign Objects Classed As Food Contamination?
Foreign objects can be classified as a form of physical food contamination, as opposed to chemical or biological substances. While any kind of food contamination poses serious health risks to consumers, foreign objects may also lead to choking or physical injury.
For a more tailored discussion of eligibility, please reach out to our 24/7 team of advisors.
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What Injuries Could Foreign Objects In Food Cause?
Depending on their type, foreign objects in food could cause a host of injuries, including perforations and lacerations:
- Perforations: Sharp objects can perforate the oesophagus, intestines, and bowels, or cause serious internal bleeding.
- Jaw damage: Unknowingly biting down on a metal fragment or other foreign object can cause significant jaw damage, affecting the ability to talk, eat, or swallow.
- Broken or damaged teeth: Can involve cracks, chipping, or the loss of teeth.
- Infection: May occur due to tissue damage or the introduction of bacteria or viruses.
- Blockages and choking issues: Larger objects can be a choking hazard and create blockages, affecting the oesophagus or bowels. These obstructions may cause respiratory issues and abdominal pain.
No matter what type of injury you suffered, our advisors are here to listen to what happened to you. So, please don’t hesitate to talk with an advisor today to see if you can make a personal injury claim with one of our solicitors.
Examples Of Foreign Objects In Food
Insects, metal fragments, and mice are just some examples of foreign objects in food. Below, you’ll find several scenarios where you might find a foreign object in your food:
- Rodents: Poor hygiene practices at a takeaway lead to a rodent infestation, but the business fails to take any steps to address the problem. This not only results in droppings getting into several meals, but also leads to a dead rat finding its way into a burger. The contaminated food leaves you with a serious bacterial infection that causes long-term kidney damage.
- Nails: Staff at a supermarket are not provided with sufficient training for handling baked goods. This leads to one employee not using gloves, resulting in a number of false nails becoming embedded in a loaf of bread. You subsequently swallow one of them, leaving you with long-term digestive issues.
- Jewellery: Kitchen staff at a restaurant routinely wear loose jewellery whilst preparing food, despite the risk of accessories falling off. One of the workers later loses a chain bracelet during a busy period, but management doesn’t pause serving food. While having your meal, you bite into the jewellery, damaging your jaw and breaking multiple teeth.
- Glass shards: A number of glasses fall and break as a server prepares to bring food to your table, scattering shards onto the food. Nevertheless, the pub manager instructs the server to take the meal to you. You subsequently ingest some glass, leaving you with internal lacerations and intestinal perforation.
- Plastics: Café management routinely uses old and damaged plastic containers to store food. Several pieces break off one of the containers, becoming mixed up in the food that the business serves you. You swallow some fragments before noticing the pieces, causing you to choke and leaving you with a digestive blockage.
Every experience is unique, and you can share yours with our advisory team at your convenience.
How Much Compensation Is Awarded In Foreign Object In Food Claims?
For successful foreign object in food claims, how much compensation can be awarded depends on the injuries themselves and any resulting financial loss. All successful claims include general damages, as this part of the compensation covers the pain and suffering of an injury.
Here at Legal Expert, our solicitors often use a document known as the Judicial College Guidelines (JCG) to assess the potential value of general damages. They frequently do so because this text matches suggested compensation brackets with many injuries, including those affecting the digestive system and teeth.
The following table uses JCG brackets, except for the initial row. Since they are suggestive, please use this table for guidance only.
| Injury | Severity | Compensation |
|---|---|---|
| Multiple Very Severe Injuries + Special Damages (e.g. Medical Expenses, Lost Earnings, and Travel Costs) | Very Severe | Up to £500,000+ |
| Bowels | Complete Loss of Function | Up to £183,190 |
| Kidney | Total Loss of Natural Function (b) | Up to £78,080 |
| Digestive System (Non-Traumatic Damage) | Severe Toxicosis | £46,900 to £64,070 |
| Serious, Short-Lived Food Poisoning | £11,640 to £23,430 | |
| Food Poisoning | £4,820 to £11,640 | |
| Fractures of Jaws (i) | Multiple, very serious fractures | £37,210 to £55,570 |
| Fractures of Jaws (ii) | Serious fracture | £21,920 to £37,210 |
| Damage to Teeth | Chronic and significant tooth pain | Up to £46,540 |
| Damage to Teeth (i) | Several front teeth lost or seriously damaged | £10,660 to £13,930 |
How Is Foreign Object In Food Compensation Calculated?
Foreign object in food compensation is calculated by combining the potential value of general damages with any related financial losses. These losses are covered under special damages, which can only be included in a claim if they are provable with payslips, bank statements, and other financial records.
Provided that you do have supporting documents, you could claim for a range of out-of-pocket expenses, such as:
- Medical expenses: You may have needed private treatment to address dental or jawbone damage or remove a foreign object. Prescriptions may be necessary as well, for instance, to manage the symptoms of severe toxicosis.
- Therapy and counselling: If you also suffered psychological harm, you might have needed to access mental health services for counselling or cognitive behavioural therapy (CBT).
- Care: Depending on the nature of the injury, you may require additional childcare or professional support with daily activities.
- Travel: If you needed to attend medical appointments, you may have incurred significant costs from using public transport or paying for petrol and parking fees.
We recognise that many factors must be considered when calculating personal injury compensation. If you’d like to discuss them in more detail, feel free to speak with one of our helpful advisors today.
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What Should I Do With My Food After Finding A Foreign Object?
The first thing you should do with your food after finding a foreign object in it is to keep it. While your initial thought might be to throw the item away or return it, holding onto the food (as well as any labelling or receipts) will provide a starting point for proving what happened. You’ll also want to retain the contaminant itself, as this can form one of the most important pieces of evidence in foreign object in food claims.
What Other Evidence Could Support My Claim?
There are many other forms of evidence that could support your claim, including the following:
- Preserve perishable food: If the food is perishable, store it in the freezer to prevent mould or decay. If practical, keep the contaminated food in its original packaging or container.
- Take photographs: These should be clear and provide a visual record of the food and the foreign object itself. You may want to use a ruler (or a similar tool) to illustrate the object’s dimensions.
- Get a copy of your medical records: Your files could provide insight into the injuries caused by the foreign object, as well as the treatments you’ve needed and the prognosis for long-term recovery.
- Report the incident: Any report or complaint may prompt an investigation; its findings might be useful evidence, as could any related correspondence.
- Collect eyewitness contact details: May include individuals who witnessed you consuming the contaminated food or how you were affected. Your solicitor will be able to use the contact details to gather statements on your behalf.
We understand that proving a claim can sound daunting, especially if you’re still recovering from your injuries. However, if you work with one of our solicitors, you won’t face the task of gathering this evidence alone. Get in touch today to find out more about this service, and please keep reading to see what other support you can benefit from.
No Win No Fee Foreign Object In Food Claims
Here at Legal Expert, we have helped clients make No Win No Fee foreign object in food claims across the country. As soon as you get in touch, you’ll benefit from the personalised guidance provided by our empathetic advisory team.
Our specialist personal injury solicitors also understand how distressing these experiences can be. That is why they take the time to clearly explain every step and ensure that clients can raise concerns freely. Your solicitor will work from start to finish to build a supportive environment, so you never feel lost or unheard at any stage of claiming.
So, what would this mean for you? Here’s how we can help:
- Tailored Care: Your well-being is our number-one priority. That means your solicitor will not only guide you through the claims process, but also help you access rehabilitation specialists to support your immediate and long-term needs.
- Consistent communication: Our solicitors also recognise the importance of effective communication, so your representative will always keep you informed about your case.
- Tireless advocacy: From handling communications on your behalf to negotiating a fair settlement, your solicitor will use their experience to represent you with professionalism and dedication.
- Evidence: We understand that proof can make a big difference, which is why our solicitors thoroughly consider every avenue when gathering evidence on behalf of clients.
These services, among others, are offered through a Conditional Fee Agreement. Simply put, its terms mean you won’t be charged a solicitor’s service fee upfront, during a claim, or if you lose. Instead, you’ll pay your solicitor a success fee if you win. This is kept small as it’s a legally capped percentage of your compensation.
Contact Legal Expert
You can quickly contact Legal Expert’s helpful advisors for free and fast guidance through one of the following options:
- Ring 0800 073 8804
- Contact us online
- Message us through live chat
More Information
For more information, please have a look at some of our other guides:
- Find out if you can claim for food poisoning on holiday.
- Learn about food allergy compensation claims.
- Read about claiming for chemical burn injuries.
You may also benefit from the following external resources:
- NHS guidance on food poisoning.
- FSA advice for reporting a food safety or hygiene issue.
- Government overview of food safety responsibilities.
If you’d like more tailored guidance on the foreign object in food claims process, please don’t hesitate to speak with one of our helpful advisors today.