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Can You Sue if a Food Delivery Driver Was Touching Your Food?

Fortunately, it does not happen very often, but one valid concern amongst people who utilize food delivery services is the possibility of their food being tampered with by a food delivery driver. Tampering can take on many forms, each more unpleasant than the next.

For example, it is not uncommon for a food delivery driver to reach into a bag of fast food and snatch up a handful of fries. This is technically not illegal, although it is offensive. However, what if a food delivery driver spits in or licks your food? In that case, the driver can actually be arrested and charged with battery. 

Below, we will discuss what laws affect food tampering and if any legal consequences are administered to the food delivery driver who does this. If you or a loved one suffered injuries as a result of a food delivery incident or accident, our experienced food delivery accident attorneys at West Coast Trial Lawyers are always here to answer any questions you may have about claims and damages available to you.

To schedule a free consultation, please contact our 24/7 legal team by calling 213-927-3700 or filling out our quick contact form.

Federal and State Laws Against Food Tampering 

Let’s examine the federal law which prohibits food tampering and makes it a punishable offense. According to the United States Department of Justice, Subsection (a) of 18 U.S.C. § 1365 “prohibits tampering or attempted tampering with any consumer product that affects interstate or foreign commerce, or with the labeling of, or the container for such a product. The tampering must be done with reckless disregard for the risk that another person will be placed in danger of death or bodily injury. Furthermore, the tampering must be done under circumstances manifesting extreme indifference to the risk of death or bodily injury.”

The above is fairly straightforward and can sometimes apply to food delivery tampering. However, California is a bit more specific regarding food tampering. 

California law (Penal Code Section 347) states that any individual who deliberately and knowingly adds a poison or harmful substance to a drink, food, medicine, or pharmaceutical product in situations where someone can be harmed, may then be found guilty of a felony which can be punished with a prison sentence of 2 to 5 years. 

In other words, food tampering can be a very serious crime. Furthermore, a substance that causes severe physical injury or death will add three more years to that individual’s sentence.

This may not provide much comfort to someone who just ordered a large order of fries, but do know that a food delivery driver who deliberately spits on someone’s food knowing that they are sick can get into serious trouble.

Contact Us 

If you have sustained injuries as a result of a food delivery accident, our food delivery accident attorneys at West Coast Trial Lawyers can help you recover compensation for your losses, which includes medical bills, property damage, lost wages, and pain and suffering. 

Contact us today by calling 213-927-3700 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.

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