Food poisoning is a common, potentially life-threatening problem for millions of people in the United States. Food poisoning occurs as a result of consuming contaminated food or beverages.
People infected with pathogens may experience symptoms ranging from mild intestinal discomfort to severe dehydration and bloody diarrhea. Depending on the type and severity of the infection, some people may decide to treat their food poisoning at home.
However, in some instances, a case of food poisoning could be severe and cause an individual to suffer internal organ damage or die as a result of a foodborne illness.
You may be entitled to compensation by filing a lawsuit and we can help. Please fill out the legal contact form with your name/phone for a free confidential consultation or call our lawyers toll-free 24 hrs/day by dialing (866) 588-0600.
What is Food Poisoning?
Food poisoning is a body poisoning resulting from tainted, expired, or mishandled foods or beverages. Foodborne illness results in injury typically caused by contaminated food or food not prepared correctly.
A wide variety of contaminants have the potential to poison humans, including:
- Parasites
- Toxins
- Viruses
- Bacteria
- Mold
- Insect/rodent exposure
These estimates provide the most accurate estimates yet of which known foodborne pathogens (bacteria, viruses, and parasites) are causing the most illnesses in the United States, and how many foodborne illnesses are caused by unspecified agents. - Centers for Disease Control and Prevention stated.
According to the U.S. Centers for Disease Control and Prevention study from 2018, estimates are that approximately one in six Americans develop a food poisoning illness every year [1].
Types of Food Poisoning
Food poisoning can result from various pathogens associated with specific symptoms, foods, and health implications.
At least 250 types of food poisoning have been documented, but the most common varieties are E. coli, listeria, salmonella, and norovirus, commonly called the "stomach flu."
Other less common illnesses include botulism, campylobacter, vibrio, and shigella.
1. E. Coli (Escherichia coli)
E. Coli infections are among the most severe types of food poisoning, often leading to long-term complications such as kidney damage.
- Risk Level: Severe
- Typical Recovery Time: 5 to 10 days
- Common Foods: Raw or undercooked ground beef, unpasteurized milk and juice, raw vegetables (especially leafy greens), and contaminated water.
- Average Settlement Amount: $50,000 to $1 million (depending on severity and long-term effects).
Most types of E. coli are harmless and even help keep your digestive tract healthy; however, other strains can cause potentially life-threatening health effects if you eat products that have become contaminated (such as raw meat) from grocery stores or drink fouled water.
Symptoms include nausea, vomiting, stomach cramps, diarrhea that often is bloody, fever of about 100 F to 101 F (37.7 C to 38.3 C), malaise, loss of appetite, and dehydration.
2. Salmonella
Salmonella is a common pathogen found in improperly handled or cooked foods. While typically less severe than E. Coli, it can still result in hospitalization.
- Risk Level: Moderate to Severe
- Typical Recovery Time: 4 to 7 days
- Common Foods: Poultry, eggs, beef, unwashed fruits and vegetables, and processed foods contaminated during production.
- Average Settlement Amount: $15,000 to $500,000.
It has been estimated that more than 48 million people develop salmonella infections each year worldwide.
3. Listeria Monocytogenes
Listeria poses significant risks to vulnerable groups, including pregnant women and newborns.
- Risk Level: Severe
- Typical Recovery Time: 1 to 6 weeks (depending on severity)
- Common Foods: Unpasteurized dairy products, deli meats, hot dogs, and ready-to-eat foods.
- Average Settlement Amount: $100,000 to over $1 million (especially in cases involving pregnant women or newborns).
According to the Centers for Disease Control and Prevention 2024 study, Listeriosis is an infection caused by ingesting the bacterium Listeria monocytogenes. An estimated 1,600 people get listeriosis each year in the U.S., and about 260 die [2].
More than 1 million get the illness worldwide. Symptoms include headache, stiff neck, confusion, loss of balance, convulsions, fever, vomiting, and muscle aches.
4. Norovirus
Norovirus is highly contagious and spreads rapidly in communal settings like cruise ships and schools.
- Risk Level: Moderate
- Typical Recovery Time: 1 to 3 days
- Common Foods: Contaminated shellfish, salads (especially those made with raw vegetables), and foods handled by infected individuals.
- Average Settlement Amount: $10,000 to $250,000.
The virus spreads easily, as people with the infection can shed more than 1 million norovirus particles at a time. And only a few virus particles can make other people sick.
5. Clostridium Botulinum (Botulism)
Botulism is a rare but life-threatening illness that can result in long-term paralysis and extended hospital stays.
- Risk Level: Severe
- Typical Recovery Time: Weeks to months (may require hospitalization)
- Common Foods: Improperly canned or preserved foods, smoked fish, and honey (in infants).
- Average Settlement Amount: $200,000 to $2 million (depending on complications).
Symptoms of botulism include difficulty swallowing, muscle weakness, vomiting, double vision, drooping eyelids, blurry vision, slurred speech, difficulty breathing, and difficulty moving the eyes.
6. Cyclospora
Cyclospora infections are caused by a microscopic parasite that contaminates food and water, often in imported produce.
- Risk Level: Moderate
- Typical Recovery Time: 1 to 2 weeks (may last longer without treatment)
- Common Foods: Imported fresh produce, including lettuce, basil, and berries.
- Average Settlement Amount: $10,000 to $300,000.
People can become infected with cyclospora by consuming foods or water contaminated with the parasite. Symptoms include diarrhea, loss of appetite, weight loss, stomach cramps/pain, bloating, increased gas, nausea, and fatigue.
7. Hepatitis A
Hepatitis A is a highly contagious viral infection that affects the liver and is often transmitted through contaminated food or water.
- Risk Level: Moderate to Severe
- Typical Recovery Time: Several weeks to months
- Common Foods: Contaminated shellfish, unwashed fruits and vegetables, and foods prepared by infected individuals.
- Average Settlement Amount: $25,000 to $500,000.
Hepatitis A is rare in the U.S., with 30,000 to 50,000 cases occurring each year. However, in most other countries, poorer sanitation systems lead to easier transmission of the disease, and therefore more cases (up to 1 million cases per year globally, according to the CDC).
Symptoms include fever, malaise, loss of appetite, diarrhea, nausea, abdominal discomfort, dark-colored urine, and jaundice (yellowing of the skin and whites of the eyes).
8. Campylobacter
Campylobacter infections are often associated with poultry and untreated water, causing gastrointestinal distress.
- Risk Level: Moderate
- Typical Recovery Time: 2 to 5 days
- Common Foods: Raw or undercooked poultry, unpasteurized milk, and contaminated water.
- Average Settlement Amount: $15,000 to $300,000.
People can become ill with campylobacteriosis by eating contaminated foods, drinking contaminated water, or having contact with infected animals.
9. Shigella
Shigella primarily spreads through improper food handling, often in communal or institutional settings.
- Risk Level: Moderate
- Typical Recovery Time: 5 to 7 days
- Common Foods: Raw vegetables (especially salads), dairy products that have been improperly handled.
- Average Settlement Amount: $10,000 to $100,000.
While most cases of Shigella food poisoning occur in the developing world, around 450,000 cases of the illness occur in the United States each year. Shigellosis infection is most commonly found in daycare centers, nursing homes, and other similar places.
10. Vibrio
Vibrio is often associated with seafood and can cause severe illness in individuals with weakened immune systems.
- Risk Level: Moderate
- Typical Recovery Time: 3 days up to several weeks (depending on severity)
- Common Foods: Raw or undercooked shellfish (especially oysters).
- Average Settlement Amount: $20,000 to $250,000.
Vibrio infection is known to cause over 50,000+ cases of food poisoning per year in the United States alone. Vibrio is a type of bacteria that lives in certain coastal waters. Most people become infected by eating raw or undercooked shellfish, particularly oysters.
Each type has specific risk levels, recovery times, common food sources, and potential legal ramifications. If you suspect food poisoning or have suffered from it due to negligence in food handling or production, consider seeking legal advice to explore your options for compensation based on the severity of your illness.
Related Article: Listeria Lawsuit Update
Food Poisoning Settlements
Food poisoning cases can lead to significant legal actions and settlements. Below is an overview of notable settlements, including settlement amounts, types of poisoning, the length of cases, and key factors that contributed to winning the cases.
1. Catered Lunch Case in Connecticut
- Settlement Amount: $370,000 (approximately $30,000 per attendee)
- Type of Poisoning: General foodborne illness
- Length of Case: Not specified
- Key Factors That Won:
- Clear evidence linking the illness to a catered meal.
- Testimonies from multiple affected individuals.
- Case Description:
- A dozen office workers became violently ill after eating a catered lunch from a well-known local restaurant. The caterer was held liable and ordered to pay a settlement.
2. E. Coli Contamination in Michigan
- Settlement Amount: $650,000
- Type of Poisoning: E. coli
- Length of Case: Not specified
- Key Factors That Won:
- Documented hospitalization due to severe symptoms, including acute renal failure and hypotension.
- Strong medical evidence linking the infection to contaminated meat.
- Case Description:
- A Michigan man became critically ill and nearly died after eating contaminated meat. He suffered severe medical complications, leading to a substantial settlement.
3. Maple Leaf Foods Listeria Outbreak
- Settlement Amount: Nearly $27 million
- Type of Poisoning: Listeria
- Length of Case: Ongoing since the outbreak in 2008
- Key Factors That Won:
- The outbreak resulted in multiple deaths and widespread illness.
- A comprehensive investigation revealed lapses in food safety protocols.
- Case Description:
- Maple Leaf Foods faced lawsuits after a listeria outbreak that killed 20 people and sickened thousands. Victims received up to $125,000, and families of deceased individuals secured six-figure payouts.
4. Salmonella Outbreak in Peanut Butter
- Settlement Amount: Multi-million dollar settlements
- Type of Poisoning: Salmonella
- Length of Case: Ongoing since the mid-2000s
- Key Factors That Won:
- Evidence of contaminated peanut butter linked to widespread illness.
- Extensive media coverage and public outcry increased accountability pressure.
- Case Description:
- A class-action lawsuit against ConAgra led to significant settlements after hundreds of victims fell ill from salmonella-tainted peanut butter.
5. Raw Oyster Contamination in California
- Settlement Amount: $1 million (out-of-court settlement)
- Type of Poisoning: Vibrio (from raw oysters)
- Length of Case: Not specified
- Key Factors That Won:
- Clear chain of custody showing contaminated oysters were served.
- Multiple defendants held accountable for negligence in handling seafood.
- Case Description:
- A Northern California man contracted a severe infection after eating contaminated raw oysters. The settlement involved five companies responsible for transporting and selling the shellfish.
These settlements illustrate the serious consequences of foodborne illnesses and the legal accountability of responsible parties.
Victims of food poisoning can seek compensation for their suffering, medical expenses, and lost wages. If you or a loved one has been affected by foodborne illness, consult a legal professional to explore your options for justice and recovery.
Theories of Liability in Food Poisoning Lawsuits
Food poisoning lawsuits typically fall under the category of legal product liability claims, the idea being that you have been sold a defective product that caused you severe pain and suffering or other health effects.
Food can be considered "defective" in a legal sense for the following reasons:
- Contamination occurred before the product arrived at the restaurant.
- It spoiled faster than it should have because of improper storage or temperature control.
- Insufficient cooking or raw foods might have failed to destroy a commonly found bacterium.
Strict Product Liability
Strict liability law relieves clients of any burden to show that the manufacturer or supplier of a contaminated product was not sufficiently careful in making or distributing that product.
That's a big advantage since it means you simply have to show that the food product you were eating was contaminated and that the contamination was the cause of your medical injury.
Negligence
Clients may be able to argue that the defendants acted negligently in manufacturing or supplying the contaminated food product that caused the infection.
In order to prove negligence, you would need to show that the defendants were not reasonably careful (that is, that they "failed to exercise reasonable care") in making or distributing the contaminated food product that made you sick.
If, for example, the restaurant knew that a particular type of tainted lettuce had been recalled but served it anyway, clients may be entitled to compensation for negligence.
Breach of Warranty
Most states impose minimum standards on products (known as "implied warranties"). So, the contamination of a food product could constitute a violation (or "breach") of those implied warranties.
Additionally, the contamination might form a violation of any express guarantees supplied by the food processor.
Food Safety Tips
How to File a Food Poisoning Lawsuit
When you buy groceries or go out to eat at a restaurant, you expect delicious food and a good time; you do not expect to get sick from a foodborne illness. To win a food poisoning lawsuit, you must prove that a specific food or restaurant caused a personal injury.
If your illness required you to be hospitalized or you were exposed to a particularly dangerous contaminant, and your condition lasted for more than a few days, it is important to seek consultation from experienced attorneys.
Call Schmidt & Clark, LLP, today at (866) 588-0600 or fill out the form below if you got sick and believe that contaminated food may be to blame.
Contact a Lawyer
If you or a loved one has suffered from food poisoning or related illness, call the lawyers at Schmidt & Clark, LLP, today for a free case evaluation -- you may be eligible for financial compensation for your pain and suffering and we can help you file a claim.
It is important to understand that not every law firm is the same. Our attorneys are passionate about fighting for the rights of victims and obtaining the justice and compensation they deserve.
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FAQs
How Long Does a Food Poisoning Lawsuit Typically Take to Resolve?
A food poisoning lawsuit can take several months to a few years to resolve, depending on the case's complexity and whether it goes to trial.
What Are the Potential Challenges in Proving a Food Poisoning Case?
Challenges in proving a food poisoning case include identifying the contaminated food source, linking it to the illness, and demonstrating negligence or fault by the responsible party.
Are There Any Recent Notable Food Poisoning Cases That Set a Precedent?
Recent notable food poisoning cases have set precedents by highlighting strict liability, improving food safety regulations, and emphasizing the importance of proper food handling and storage practices.
Get a Free Confidential Lawsuit Review With Our Lawyers
The Food Poisoning Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial attorneys that focus on the representation of plaintiffs in Food Poisoning Lawsuits. We are handling individual personal injury cases nationwide and currently offering a free consultation to potential clients in food poisoning cases in all 50 states.
If you or another person you know has experienced symptoms of food poisoning, please contact our law firm immediately with your name/phone for a free consultation. You may be entitled to a settlement by filing a food poisoning lawsuit and our attorneys can help. Phone our lawyers now toll-free at (866) 588-0600 or fill out the contact form below to get your free legal advice.
References:
- https://www.cdc.gov/foodborneburden/2011-foodborne-estimates.html
- https://www.cdc.gov/listeria/index.html
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