Chicago Man Files Lawsuit Against McDonald’s After Allegedly Choking on Bone Shards

Published on May 18th, 2019

Is it possible to file a personal injury lawsuit against a restaurant or food producer for injuries caused by its products?

A Chicago man recently filed a personal injury lawsuit against the fast food chain McDonald’s after experiencing the effects of a “defective” chicken McNugget. The complainant, whose injuries are alleged to have occurred at the McDonald’s at 10 E. Chicago Ave, was taken by ambulance for treatment after ingesting a number of “bone shards” in the chicken meat and was subsequently treated for injuries to the mouth and throat.

The complaint names both McDonald’s and its primary chicken supplier, Tyson Foods, as defendants in the lawsuit. According to the complaint, the plaintiff is seeking damages to redress his injuries caused by the “unreasonably dangerous product,” and has accused both companies of placing consumers at risk by manufacturing unsafe nuggets capable of “impaling and/or cutting the consumer in the mouth, tongue and/or throat, and potentially causing additional damage to the stomach, digestive tract and intestines of the consumer.”

How common are food-related lawsuits?

While the underlying facts of this case may seem unbelievable, food injuries are implicated in personal injury lawsuits on a fairly regular basis. For instance, food poisoning caused by bacteria is one of the most common personal injury lawsuits filed against the agriculture and restaurant industries, prompting historic 8-figure settlements with some of the most famous American food brands. Moreover, the most severe food injuries (i.e., salmonella, e. coli. or listeria outbreaks) have been known to cause permanent injuries or death for victims, triggering wrongful death lawsuits by surviving family members.

Proving negligence

When it comes to a food-related personal injury lawsuit, negligence is established by proving that the defendant acted unreasonably under the circumstances, thereby causing the plaintiffs’ injuries. Practically speaking, this could involve improper sanitation procedures, outdated equipment, failure to properly inspect commodities, concealment of known problems with the goods, or inadequate training of employees and staff. While the above-referenced McNugget case is still in its infancy, proving that the manufacturer or retailer failed to properly produce or maintain the product could mean a successful settlement for the plaintiff.

If you recently experienced food poisoning or other injuries related to a meal or groceries you purchased, we encourage you to contact a reputable personal injury attorney in Chicago today. To get started on your claim, call Ryan Ryan & Viglione today: 847-416-1989.

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