Dangerous Items in Restaurant Food in Alabama: Your Rights and Why Elliott Lipinsky Is the First Call

Millions of Alabamians eat out every week, trusting that the meals they are served are safe. When a burger contains a shard of metal, a salad hides a piece of plastic, or a fish plate includes an unexpected bone that causes injury, that trust is broken, and the consequences can be real. If this happened to you or a loved one, you have legal rights under Alabama law, and you need an advocate who knows precisely how to use them. Clients across Montgomery, Selma, and the Black Belt turn to Elliott Lipinsky because he treats these cases as urgent, evidence-driven matters that demand precision, persistence, and results.

Alabama law requires food served for value to be safe and fit for ordinary consumption because the serving of food in a restaurant is legally treated as a sale. That means the implied warranty of merchantability applies to restaurants and fast-food chains, not just to grocery items on a shelf. Suppose the food is not fit for ordinary purposes. In that case, the warranty can be breached, and the restaurant can be responsible for the harm that follows.

Alabama also recognizes the Alabama Extended Manufacturer’s Liability Doctrine, or AEMLD. Under the AEMLD, a consumer can recover when a product is sold in a defective and unreasonably dangerous condition and reaches the user without substantial change. Although Alabama’s approach is not pure strict liability, the doctrine powerfully protects injured diners by focusing on whether the food was unreasonably dangerous when served.

Food injury cases often turn on what a reasonable consumer should expect to find in a dish. Alabama’s Supreme Court addressed exactly that in a well-known restaurant case and explained that liability turns on reasonable expectations, not a rigid foreign-versus-natural test. If the injurious object is something a patron would not reasonably expect in the food as served, the claim can proceed. That test fits foreign objects like glass or metal. It can apply to natural substances when the preparation or description invites a bone-free or shell-free expectation.

Beyond civil liability rules, restaurants in Alabama must follow the state’s Food Establishment Sanitation rules, which adopt the FDA Food Code by reference. Those rules govern everything from employee hygiene to equipment, plumbing, food handling, and enforcement. When a kitchen fails to meet these standards and a guest is hurt, that regulatory noncompliance can provide robust evidence of negligence.

Mental anguish is real after a frightening bite that cuts the mouth or sends someone to the emergency room. Alabama law allows recovery of mental anguish in tort cases. It recognizes both intentional and negligent emotional distress in limited circumstances. The state’s “outrage” tort requires extreme and outrageous conduct with severe distress, while negligent infliction claims traditionally require a physical impact or that the plaintiff was placed in a zone of danger with objective symptoms. In a food-contamination case that causes a bodily injury or measurable symptoms, mental anguish can be part of your damages.

Deadlines matter. Most Alabama personal injury claims must be filed within two years. That clock usually starts on the date of injury. Do not wait to speak with counsel because evidence can disappear, and you do not want to lose your claim due to the statute of limitations.

Restaurants and sellers sometimes argue that they are shielded as “innocent sellers.” Alabama has a statute that can protect non-manufacturing sellers in some product cases. In food cases, the facts matter because a restaurant often plays both roles, seller and preparer, and warranties can extend to any natural person reasonably expected to consume the goods. An experienced attorney knows when and how to defeat innocent-seller defenses and to invoke warranty law that reaches beyond the direct purchaser.

If you found a dangerous item in your food, your priority is medical care. Save the foreign object, packaging, receipt, and any photos. Store the item securely and do not return it to the restaurant before you speak with a lawyer. Once you are safe, report the incident to the Alabama Department of Public Health through the foodborne-illness complaint system so regulators can investigate while the evidence is fresh. That report does not replace your legal claim, but it can help document what happened.

This is where Elliott Lipinsky’s approach makes the difference. He builds cases the way juries and insurers respect, starting with immediate evidence preservation, fast notice to the right parties, and targeted requests for surveillance video, temperature logs, prep procedures, and employee training records. He knows how to frame these claims under the AEMLD, implied warranty, and negligence, how to navigate defenses, and how to present medical proof of both physical harm and mental anguish in a way that fully values a client’s loss. He brings local knowledge of county health departments and the Alabama Department of Public Health to coordinate investigations when needed, which often pressures large corporate defendants to deal fairly.

Elliott practices throughout Alabama, including Montgomery and Selma, and he is known for taking the time to explain the process in plain language. He focuses on results. That means pursuing compensation for medical bills, lost income, pain, disfigurement, and the anxiety that follows a traumatic encounter with a hidden object in a meal. If a chain of distribution is involved, he pursues every responsible party, from suppliers to corporate franchisors, and he structures claims to preserve every viable theory so nothing is left on the table.

If a loved one has been harmed by contaminated or dangerous food, contact The Law Offices of Elliott Owen Lipinsky. Early action helps secure evidence, meet deadlines, and protect your rights. Elliott will give your case the attention it deserves and will fight for the best results.