Marion, OH asked in Personal Injury and Products Liability for Ohio

Q: Would I have a case for swallowing a clear piece of broken plastic fork? Making a hole/tear in esophagus, sever sepsis

I swallowed a broken piece of a clear plastic fork. Being that the fork was clear. I could not see the broken piece in the bowl of spaghetti sauce. It caused a tear and hole in my esophagus. Which then caused severe sepsis. I spent 19 days in the hospital. Had 2 surgeries in 4 days that saved my life. I’m still learning to be able to eat different types of food and it will be easier for me to get infections. We don’t know yet the long term affects the sever sepsis will have on my organs.

I understand the plastic silverware company make there product to the standards told to them. My concern is there is no warning label on this product for the danger on the product as well as the clear silverware can not be seen if broken in food.

2 Lawyer Answers
Andrew Popp
Andrew Popp
PREMIUM
Answered
  • Ravenna, OH
  • Licensed in Ohio

A: It's difficult to say. I think it unlikely that the fact that the fork was translucent will support a viable cause of action. There may have been other issues in the manufacturing process whereby the fork was not as sturdy as it should be. It could also be a QA issue. For a clearer answer a full consultation with an attorney would be needed.

Best of luck.

Michael Lewis Eisner agrees with this answer

Michael Lewis Eisner
Michael Lewis Eisner
Answered
  • Products Liability Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: It is unclear to me if the plastic was from a fork you were using, or a fork that was broken into the past before it was served to you. There is liability in the food service industry for leaving foreign objects in food. If the product broke, and you are only interested in pursuing a product liability case, you should consult with attorneys who specialize in product liability. Hopefully, you saved the portion of the fork you had control over. It will likely have to be inspected by an expert if an attorney decides to take on your claims. Best of luck and I hope you make a more complete recovery.

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