FREE Case Review (866) 588-0600

Alabama Food Poisoning Lawsuit: Get the Right Attorney

Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt

Experiencing food poisoning in Alabama can be a distressing event. The path to justice may seem intimidating, but with the aid of a skilled Alabama food poisoning lawyer, it becomes more manageable.

This article aims to guide you through the crucial steps and demonstrates how a legal professional can advocate for you, ensuring you receive just compensation for your ordeal. Being well-informed about the legal process is essential in such cases.

If you or someone close to you has suffered from food poisoning, Schmidt & Clark, LLP, is ready to assist. Renowned for our expertise in representing plaintiffs, our foremost priority is to ensure that you obtain the justice and rightful compensation you deserve.

Food Poisoning Lawsuit Overview

After dining at a restaurant, you may experience discomfort a few hours later. A medical consultation reveals it’s food poisoning. This situation is common, but it’s not widely known that legal assistance can be obtained to pursue compensation for your discomfort.

This is where a food poisoning attorney comes in. These seasoned attorneys guide you through the intricate legal labyrinth of foodborne illness cases, verifying the viability of your claim.

An experienced attorney can help you navigate through this complexity and obtain the fair compensation you deserve. This is not just about getting back your medical bills but also ensuring that the negligent party is held accountable, preventing similar incidents in the future.

Determining Liability

Dealing with food poisoning can be challenging, particularly when identifying the liable party. The chain of distribution in a food poisoning case can be a convoluted path involving:

  • The food processing company
  • The retailer
  • Suppliers
  • Wholesalers
  • Distributors

A seasoned food poisoning attorney can assist in pinpointing the guilty parties within this distribution network, such as a negligent food company, and a lawyer will help you navigate the legal process.

In Alabama, anyone involved in the process of getting the food from the producer to your plate can be held liable. This includes food companies, farmers, restaurants, and even hosts at a party or grocery stores that sold or made unsafe or contaminated food.

Proving liability in a food poisoning case means showing that the defendant’s actions or negligence led to the food poisoning. This can be achieved by collecting evidence like medical records, witness testimonies, and expert opinions and ensuring disease control measures are in place.

What Laws Apply to Food Poisoning Cases?

Laws that apply to food poisoning cases include product liability laws and personal injury laws [1]. Food poisoning cases are not only about personal injury but also about food safety.

Federal laws, such as the FDA Food Safety Modernization Act (FSMA), play a significant role in setting and enforcing food safety standards. These laws help ensure the safety of the food supply and handle legal matters related to food poisoning cases.

The Alabama product liability law also plays a significant role in food poisoning cases. This law deals with cases where people are seeking compensation for injury, death, or property damage from a product, which includes food poisoning situations.

Notable Food Poisoning Cases in Alabama

You might be surprised to learn that Alabama has seen its fair share of notable food poisoning cases. For example:

  • Belt, Bruner, & Barnett P.C. have handled some.
  • There was a health department investigation that found staph in food at a daycare
  • There was a lawsuit against McDonald’s for serving coffee with a harmful chemical.

In another instance, more than 100 people fell ill after eating at events catered by a local restaurant, and 18 people got E. coli O157 from Little Rosie’s restaurant in Huntsville. These incidents led to lawsuits seeking compensation for the affected individuals.

Understanding Food Poisoning and Its Impact in Alabama

Food poisoning is more common than you might think. With about 48 million people in the US falling sick from foodborne illnesses every year, it’s a significant public health concern. In Alabama, food poisoning outbreaks are particularly dangerous for seniors, young kids, and people with health problems.

The usual culprit behind food poisoning in Alabama is E. coli. This bacteria, specifically the E. coli O157:H7 strain, produces a toxin that can lead to serious infections.

Symptoms can range from mild discomfort to severe illness, and unfortunately, not all cases get reported due to misdiagnoses or people choosing not to visit a doctor. Some common symptoms of E. coli infection include:

  • Abdominal cramps
  • Diarrhea (often bloody)
  • Nausea and vomiting
  • Fever

If you experience any of these symptoms after consuming contaminated food, it is important to seek medical attention to prevent the development of a serious illness.

Common Causes of Food Poisoning in Alabama

From undercooked meat to contaminated fruits and vegetables, food poisoning can strike from the most unexpected sources [2]. In Alabama, Salmonella is often the cause of many food poisoning cases.

Food can become contaminated at any point in the production process, from the farm to your plate. This can occur due to improper handling, storage, or preparation of food. For example, E.coli is often found in:

  • undercooked beef, which is essentially raw meat
  • unpasteurized milk and juice
  • raw fruits and vegetables
  • contaminated water

Recognizing the Symptoms of Food Poisoning

Identifying food poisoning symptoms is crucial for obtaining prompt medical assistance. Common symptoms include diarrhea, stomach pain or cramps, nausea, vomiting, and fever.

While mild cases may resolve within a few days, severe cases of food poisoning can be life-threatening and require immediate medical attention. If you’re experiencing any of the following symptoms, it’s important to seek immediate medical attention [3]:

  • Nausea
  • Vomiting
  • Stomach cramps
  • Diarrhea
  • Headache
  • Blurred vision
  • Fatigue
  • Dry mouth
  • Blood in vomit or stool
  • Extreme abdominal pain
  • High fever
  • Severe dehydration

The symptoms can vary depending on the type of bacteria or virus involved.

Food Poisoning Lawsuit Settlement Amounts in Alabama

Multiple factors influence the settlement amount determination in Alabama’s food poisoning lawsuits. Some of these factors include:

  • When, where, and how the food became contaminated
  • Who is responsible for the contamination
  • The severity of the food poisoning and resulting injuries
  • The damages suffered by the victim

All of these factors can influence the settlement amount.

Food poisoning lawsuit settlements in Alabama can range from a few thousand dollars to over $500,000, depending on:

  • the severity of the illness
  • medical expenses
  • lost wages
  • pain and suffering
  • any long-term effects.

Some of the highest settlements recorded include a $44 million settlement in a class-action lawsuit against Monier and a $25 million settlement by Chipotle Mexican Grill Inc. for their involvement in foodborne illness outbreaks.

Potential Compensation for Victims of Food Poisoning in Alabama

Should you fall victim to food poisoning in Alabama, you may qualify for compensation. This could cover:

“An injured party can still recover damages under strict liability if he or she failed to find a defect in a product before using it. Courts are generally willing to hold that a manufacturer must inspect the food or beverages whereas a consumer would not be expected to inspect such defects and should not have this duty as a general rule.”- Public Health Law Center

Calculating compensation, particularly for lost wages and long-term health issues, can be complex. The expertise of a food poisoning attorney proves invaluable in such instances. They can help evaluate how much money you’ve lost because of the illness and how much you might lose in the future.

Filing an Alabama Food Poisoning Lawsuit

Starting a food poisoning lawsuit in Alabama can feel overwhelming. With the assistance of a personal injury lawyer well-versed in foodborne illness cases, you’ll navigate the legal procedures and secure compensation for damages such as medical expenses, lost income, and the physical and emotional distress caused by the ordeal.

To initiate the lawsuit, you’ll need to fill out the Foodborne Illness Complaint Form offered by your local health department, the Alabama Department of Public Health.

Types of Evidence Presented in Food Poisoning Lawsuits

Presenting evidence is necessary to substantiate your food poisoning claim. Medical records are crucial as they create a trail of your illness, the treatments administered, and the severity of your illness.

Expert testimonies can provide additional information to support your claim of food poisoning due to negligence or wrongdoing. Restaurant inspection reports can also be used as evidence in food poisoning lawsuits. Testimonies from other victims can further bolster your claim by providing more evidence of contamination and the severity of the illness.

Alabama Statute of Limitation

Timeliness is crucial when filing a food poisoning lawsuit in Alabama. The statute of limitations, which is the time limit for filing a lawsuit, is 2 years from the date of injury.

If you attempt to file a lawsuit after the statute of limitations has expired, you may lose your right to bring your claim at all. Therefore, it’s important to act swiftly and consult with a food poisoning attorney as soon as possible.

Related Articles:

See all related food poisoning lawsuits our attorneys covered so far.

Choose our lawyers

Have you or a loved one suffered food poisoning from consuming contaminated food or beverages?

Get Your Free Consultation From Albama Food Poisoning Lawyers

Schmidt & Clark, LLP are here to offer support in critical times. If you or a family member has experienced injuries due to food poisoning, don’t hesitate to contact us. Our team has expertise in managing such cases and will guide you through every part of the process.

You need to understand your legal rights and assess if you are eligible for a lawsuit. Our consultations are always free, and you will not face any charges unless we achieve a positive outcome in your case.

Contact Schmidt & Clark today for a thorough evaluation of your case related to food poisoning. Let us be your reliable ally in navigating this challenging situation.

Reference:

  1. https://www.ers.usda.gov/webdocs/publications/41289/19024_aer799ap.pdf?v=0
  2. https://www.healthline.com/nutrition/foods-that-cause-food-poisoning#TOC_TITLE_HDR_6
  3. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.