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.
Rory Parnell is a graduate of Southern New Hampshire University and New England Law – Boston. Rory worked full-time, for the then Law Offices of Parnell & McKay, every year he was in law school, and has been working at Parnell & McKay and then Parnell, Michels & McKay since 2002. Rory has been a partner at the firm since 2017, and dedicates his practice primarily to civil litigation.
Rory has been admitted to the New Hampshire and Massachusetts Bar Associations since 2011, and is licensed to practice in the United States District Court of New Hampshire. Rory works primarily in the areas of Injury (including motor vehicle collisions, motorcycle collisions, slip and falls, dog bites, trip and falls, and other injuries), Workers Compensation, Real Estate Litigation, Landlord/Tenant, Disability, and General Litigation areas.
Awards and Recognition's:
2021 Forty Under 40 Honoree from the Union Leader
2020 Pro Bono Distinguished Service Award
2017 New Hampshire Bar Foundation -Robert Kirby Award
2014 Pro Bono Rising Star Award
L. Jonathan Ross Award Winner for 2024
Professional and Charitable Affiliations:
Member – New Hampshire Association for Justice
Member – Massachusetts Academy for Trial Attorneys
Member – Queen City Rotary Club
Vice Chair – 603 Legal Aid
President – The Bridge Project (501c3)
Member – Daniel Webster-Batchelder American Inns of Court
Member – NH Bar Lawyer Referral Service Committee