Average Foreign Object In Food Settlements

You’re enjoying your meal, then suddenly…crunch. That wasn’t supposed to be there. A piece of glass? A shard of plastic? Maybe even a bug? Gross.

But beyond the “ew” factor, what happens next? 

Can you actually get compensated for something like this?

In this post, we’ll break down the average foreign object in food settlements people are awarded in cases like these. Plus, we’ll also go over the factors that affect YOUR settlement.

Average Settlement For Foreign Objects In Food

The average settlement for foreign objects in food depends on how serious the situation was.

Some people get less. Others get more. It all comes down to the details of the injuries you sustained. 

Generally speaking, the more serious the injury or impact, the more you could receive.

Mattiacci Law has handled cases where eating a foreign object in food resulted in a direct physical injuries to clients. While there may still be value in cases where no direct physical injury occurs, generally the cases we handle involve physical injuries. 

If there’s no physical injury, the recovery may be more limited or in certain circumstances limited to a refund or a coupon. The ultimate recovery can depend on several factors, and each case is different.

Also Read: How Much Of A 50K Settlement Will I Get?

What Factors Impact The Settlement Amount?

Not every case is the same, even if it sounds like it. Someone bites into a metal screw and walks away with a sore tooth. Another person does the same and ends up needing oral surgery. That can create a huge difference in potential value.

So what actually affects how much money you might get? There are a few big ones.

#1 Type And Severity Of Injury

This is probably the biggest factor. 

If you bit into a small bone and got a sore tooth for a day or two, that may not lead to a huge payout. But if you chipped or cracked a tooth, had to visit the dentist multiple times, or worse needed surgery then you may be able to claim more in damages.

Choking incidents, allergic reactions, internal injuries, or infections from contaminated food can push a case into the higher settlement range.

One example of a case John Mattiacci handled involved a client ingesting a piece of metal wire, which was embedded in a pre-made tuna salad hoagie from a grocery store. The wire became lodged in the client’s throat and required surgical removal. That type of injury and treatment led to a more aggressive demand for compensation.

Even if the object didn’t cause a physical injury, emotional trauma (like vomiting or panic in public) can sometimes be considered too, especially if it was intense or embarrassing.

#2 Cost Of Medical Treatment

Your medical bills are basically your paper trail of pain. The higher those bills are, the easier it is to claim more in damages. 

If you went to the ER, needed X-rays, follow-up care, or even just paid a few hundred bucks at the dentist, that shows an impact. Also, don’t forget about prescriptions, over-the-counter meds, or even things like missed work or travel costs for treatment. It all adds up. 

The more documented expenses you have, the stronger your case may look.

Also Read: Can You File Workers’ Comp And Personal Injury?

#3 Evidence

This can make or break your claim. If you have the actual object that was in your food – hang onto it. Don’t throw it away or wash it off. Failing to keep the foreign object can be a severe mistake and jeopardize the ability to prove any claim.

Take tons of photos: the object, the food, the packaging, the receipt, and even your injuries if possible. When in doubt, save the evidence. 

Also, write down everything while it’s fresh like where you got the food, what time, who was with you, how it happened. This kind of stuff matters. 

If you had contact with a specific employee or manager, make a note of their names if they have to be questioned later.

Solid evidence takes the situation from “your word vs. theirs” to “here’s proof—now what?”

#4 Brand Or Restaurant Involved

Who served the food can seriously change how things go. 

Big chains like McDonald’s or Starbucks usually have more procedures in place to prevent foreign objects in food. These are often referred to as HACCP plans. When issues do happen, these chains have legal teams and insurance policies ready to go.

Smaller restaurants or mom-and-pop shops may not take complaints as seriously or they might try to make it right without going through lawyers.  

But big or small, once a lawyer gets involved, things usually move faster.

Some companies are more customer-friendly than others, but when the threat of public backlash or a lawsuit is real, most start listening.

#5 State Laws On Product Liability Or Negligence

In some states, just having a dangerous object in your food is enough to have a valid claim. In others, you need to show that someone messed up like a company didn’t follow safety protocols or failed to check ingredients properly.

That’s why it helps to talk to a local attorney. They’ll know how your state handles this kind of thing and what kind of evidence you’ll need to push forward.

Also Read: How Much Are Pennsylvania Personal Injury Settlements?

#6 Presence Of Witnesses Or Surveillance Footage

Did anyone see what happened? A friend or family member who saw you bite into something, or watched you react, can help back up your story.

If it happened in a restaurant, ask about surveillance footage. 

Many fast food and dine-in places have cameras. Footage showing you reacting to the object (like spitting something out or calling over staff) can be strong evidence. 

Contacting a lawyer as soon as possible is important, as lawyers often send notice letters to a defendant asking them to preserve evidence, including video footage. If the defendant fails to save that evidence, it may be considered spoliation of evidence. That may be used against them later.

Even if the footage isn’t available, having a witness statement makes a big difference.

Should You Sue Or Settle?

Many of these cases don’t go to trial. They settle. And usually, that’s a wise thing for all involved. Trials take time, money, and can be stressful.

Settling means you get guarantee the outcome, you have control over the decision, and you skip the drama. 

But if the offer is too low, or the company is brushing you off, it might be worth taking it further. 

That’s where a personal injury lawyer can be very helpful. They can tell you if the offer is fair or if it’s time to play hardball. Sometimes just having an attorney on your side makes companies take your case more seriously. 

Our firm prepares each case as if it will go to trial. That way the case is prepared should the case not settle, and it helps us to push for the most amount possible.

Bottom Line

Finding a foreign object in your food can totally ruin your appetite, but it doesn’t have to ruin your day. If you’ve been injured, you might be entitled to compensation, and depending on how bad it was, the amount could surprise you.

The most important thing is acting fast. Keep the evidence, get medical care, and reach out to someone who knows how to handle these claims. You don’t need to figure it out alone.

If you’re not sure what to do next, reach out to us. We can go over what happened and help you figure out your options.

FAQs

Can You Sue For Foreign Object In Food?

Yes, you can. If the object caused an injury or emotional distress, you may have a legal claim. 

You don’t always need to sue in court though. Many cases are handled with settlements. A lawyer can help figure out which route is best for your situation.

How To Report Foreign Object In Food

You can report it to the restaurant or store where you got the food. You should also report it to your local health department and, if it’s a packaged product, to the FDA or USDA (depending on the type of food). 

Just make sure you’ve documented everything first.

Foreign Object In Food No Injury

If there’s no injury, your options are more limited, but not gone. You might still get a refund, a replacement, or a small goodwill settlement. Some companies will offer gift cards or a small payout just to keep you happy. 

It’s usually not a legal case our firm would handle unless there’s physical injury, but it’s still worth reporting.