Product Liability Claim: Glass In Beef Burger Injuring Tooth & Throat

UK product liability solicitor explains how to claim compensation if you have suffered injury as a result of glass being found in manufactured burgers causing a cracked tooth, cut throat and gums

Accident victim question

I went to a local well supermarket and purchased some frozen boxed beef burgers. At home I prepared a burger and started to eat it. As I bit into the burger something extremely hard collided with my teeth causing a cracking sound and I noticed blood dripping from my mouth.

I spat out what seemed to be a bit of glass and I asked my friend to call an ambulance as I wasn’t feeling well. At hospital the foreign body was examined and it was confirmed as glass – I was also examined and it was discovered that a tiny piece of glass had lodged in my throat and was causing the bleeding. In addition the glass had cracked my tooth.

I was in hospital for two days as a precautionary measure. At the hospital’s request a friend checked the product information of the boxed burgers and the hospital notified the manufacturers of the problem together with the supermarket. And I believe the Environmental Health Agency.

When I left the hospital I also spoke to the manufacturer who had a record of the hospital’s call. They requested I sent a sample of the glass found for their examination.

I have also required dental treatment from my dentist who told me that my tooth is so badly cracked that I need a crown.

The hospital recorded the cut to my throat and gum and has he told me that this should heal within a month.

Am I entitled to claim compensation for my throat, tooth and gum injuries?

Product liability solicitor response

When you purchase a product from a supermarket – the supermarket and the manufacturer of the product owe you a duty. The manufacturer has what is known as “strict liability” – in other words you only need to show that the burger was defective – here had a dangerous foreign body such as glass and that glass caused you injury. You do not need to show how the glass got into the product.

It would seem that you are entitled to claim compensation for your injuries.  Clearly when you purchase a beef burger you do not expect a piece of glass or other form of sharp or hard substance to be in the burger. It is entirely foreseeable that you can suffer injury to your throat, teeth and mouth from the glass.

You have indicated that you attended at the hospital and dentist who have recorded your injuries. The hospital and later yourself reported the matter immediately to the manufacturer and supermarket and you have helpfully retained the glass which caused you injury.

This would seem to me to be all the proof that is necessary to show that primarily the manufacturer is responsible for your injuries.

I would suggest that you use a specialist product liability solicitor to claim your compensation, which could be quite substantial given the nature of your throat injury and the treatment required on your tooth and potential few dental treatment.

Click glass in burger claim to commence a claim for your throat, tooth and gum injuries or to arrange a call back from me in person to discuss any further queries you might have concerning claiming compensation for foreign bodies in food or any other form of product liability claim.

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