What Did You Put in My Pumpkin Spice Latte?~3 min read

It is October, so it’s Pumpkin Spice Latte time. But what happens when that Pumpkin Spice Latte contains a plastic piece that enters your bowels? Or if the Pumpkin Spice latte has peanut butter in it and you are allergic? Severe injuries from eating food are generally not common. Sometimes a chipped tooth can happen, which while frustrating, is often a relatively easy fix at the dentist. Likewise, if a sharp tortilla chip slices your gum, it’s annoying, but doesn’t lead to long term damage.

There are two general types of more severe injuries that come from food borne issues. The first is when a foreign object is in your food that should not be there. Generally, the law recognizes that certain foods will have potentially hazardous items in them, and the purchaser of those foods should be aware of the risk. The easiest food that includes this is something like Seafood Chowder. In that chowder, there may be a piece of shell that you don’t anticipate. As you bite down, it can crack your tooth. In this situation, a shell is a potential risk of getting seafood chowder. Likewise, a fish bone in your chowder may also be something that is expected. In this situation, the restaurant is likely not liable because there was a piece of shell in the food. However, if during your seafood chowder meal, you end up swallowing a jagged piece of plastic that causes severe injury, then the restaurant is likely liable for your injuries under a theory of negligence.

The other type of food injury case involves allergies. Sometimes, these can turn tragic as food allergies can create situations where a person’s life is at risk. A common food allergy is peanuts. Sometimes, restaurants do not list all ingredients a particular food item may have, and depending on the law of your state, they may be protected by a notice that you must inform the server of your allergies. A key part of establishing negligence is that the responsible party knew or should have known of the condition that led to injuries. In a case where an allergic reaction has caused a substantial or life-threatening injury, it is often necessary to establish the restaurant and/or server was made aware of the allergy before it was served.

So, if you get poisoned by a Pumpkin Spice Latte, what can you do to help your case? First, preserve evidence! This is very important. If you are able to save the cup and/or the liquid, it can be tested to confirm the presence of an allergen. It is also important that those with allergies inform their servers of the allergy and have a witness that can verify the restaurant was advised of the allergy before food was served. In the case of a foreign substance in the food, it is easy to throw away the harm causing issue without thinking it through. However, if you preserve that item and what you ate, it can help demonstrate they were negligent in the preparation of food before you were served.

If you were injured by a rogue Pumpkin Spice Latte, or more seriously, a substance or allergen in your food, contact the experienced attorneys at Parnell, Michels & McKay. Our attorneys have handled many food borne injury cases and can assist in making sure you make the best case you can to get relief from your serious injuries.

We have 2 locations to serve you:

25 Nashua Rd., Suite C5, Londonderry, NH 03053
137 Main Street, P.O Box 669, N. Woodstock, NH 03262.