California Food Poisoning Lawsuit | 2025 Latest Updates

If you or a loved one experienced complications due to food poisoning in California, you may be entitled to pursue compensation.At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to foodborne illnesses. Our experienced legal team is here to guide you through the process and fight for the justice you deserve.Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

California Food Poisoning Lawsuit Overview

Food poisoning cases occupy a unique place within personal injury law. The fallout from consuming contaminated food can vary greatly, from minor discomfort lasting a few hours to severe health complications or even death in the most extreme cases.California food poisoning lawyer help hold negligent parties accountable while you focus on recovery. These lawsuits typically involve restaurants, food manufacturers, distributors, and other entities in the food supply chain who failed to maintain proper safety standards.

Latest California Food Poisoning Lawsuit Updates

• March 9, 2025 – Latest article update by C.L. Mike Schmidt, providing comprehensive information about food poisoning lawsuits in California.
• 2018 – The FDA and CDC investigated nine foodborne illness outbreaks in California. Tragically, two people passed away, and many fell ill due to eating contaminated food.
• 2018 – Victims affected by these outbreaks secured settlements, including the $12 Million Peanut Butter Outbreak Fund.

Reports and Statistics on California Food Poisoning

According to the Centers for Disease Control and Prevention (CDC), each year approximately:

• 1 in 6 Americans (or 48 million people) gets sick from foodborne diseases
• 128,000 are hospitalized
• 3,000 die from foodborne illnesses

In California specifically, foodborne illness rates remain a significant public health concern, with multiple outbreaks documented annually by state health authorities.Major lawsuits have involved establishments including restaurants and food companies such as Holiday Inns Inc., United Shell Fish Co., Fisherman’s Wharf Seafoods Inc., Pearson Seafood, Pride Transport Inc., and Chipotle Mexican Grill Inc.

There are generally two categories of food poisoning lawsuits: defective products and negligence. These classifications help to identify the cause of the poisoning [1].

If the food was contaminated during the production process, it might be considered a defective product.

On the other hand, if the contamination occurred due to improper food handling or poor hygiene practices, it could be a case of negligence.

Either way, victims can seek compensation from those responsible for the contamination, such as food manufacturers, harvesters, or sellers.

California Food Poisoning Risks & Safety Concerns

Food poisoning in California is commonly caused by bacteria, viruses, and parasites found in contaminated food and water.

The most common types of bacteria that can cause a foodborne illness in California are [2]:

• Bacillus cereus
• Botulism
• Hepatitis A
• E. Coli
• Shigella
• Staphylococcus aureus
• Salmonella
• Clostridium perfringens
• Campylobacter
• Listeria

Other causes of food poisoning include:

• Norovirus
• Parasites like Cyclospora, Giardia, Cryptosporidium, and Trichinella

These various agents of foodborne illnesses have been associated with numerous outbreaks of illnesses affecting consumers, especially those with weakened immune systems, across the country.

Recognizing the Symptoms of Food Poisoning

The symptoms of food poisoning can vary greatly depending on the type of food and contamination. They can range from mild discomfort to severe and even life-threatening conditions.

Common signs of food poisoning, also known as food poisoning symptoms, include [3]:

• Upset stomach
• Gurgling or rumbling noises in the stomach
• Heartburn
• The sensation of trapped air
• The feeling of warmth in the stomach

Recognizing these symptoms can be the first step towards seeking timely medical intervention and legal action through a free consultation.

Do You Qualify for a California Food Poisoning Lawsuit?

You may qualify for a lawsuit if:

• You or a loved one suffered from food poisoning after consuming contaminated food in California.
• You have medical records linking the illness to food consumption.
• You incurred financial or physical harm due to the issue.
• You can identify the responsible party in the food distribution chain.

Evidence Required for a California Food Poisoning Lawsuit

Medical records are especially crucial. They help to keep track of the diagnosis, treatment, and any hospitalization related to food poisoning.This information is critical in connecting the symptoms experienced by the victim to the food poisoning incident. To prove negligence or contamination, one needs to demonstrate that the food from the establishment was contaminated or defective, causing the food poisoning.Evidence typically includes:

• Medical records confirming foodborne illness diagnosis
• Food samples (when possible)
• Purchase receipts or restaurant bills
• Documentation of damages and treatment costs
• Witness statements

Damages You Can Recover

When it comes to food poisoning lawsuits in California, the potential payout can vary significantly. It can range from a few thousand dollars to over $500,000, depending on factors such as the severity of the illness and how it affects the person’s ability to work.Economic damages cover objectively provable expenses and monetary losses related to the incident and resulting injuries, such as:

• Hospital bills
• Surgery costs
• Medication expenses
• Lost wages
• Any impact on your earning potential

Non-economic damages cover emotional distress, physical pain and suffering, and loss of enjoyment of life.

California Food Poisoning Recall Information

The FDA and California Department of Public Health frequently issue recalls when food contamination is detected. When illnesses occur despite these recalls, legal action often follows.

Premises liability and strict product liability laws apply to food poisoning cases, holding companies responsible for selling contaminated or unsafe food. If you have suffered from foodborne illness, you may be eligible for compensation by filing a claim.

Experienced California food poisoning attorneys can guide you through the legal process and help secure the compensation you deserve.

“While the food supply in the United States is one of the safest in the world, the Centers for Disease Control and Prevention (CDC) estimates that each year roughly 1 in 6 Americans (or 48 million people) gets sick, 128,000 are hospitalized, and 3,000 die of foodborne diseases.” – County Directory Assistance

Statute of Limitations for California Food Poisoning Lawsuits

In California, the statute of limitations for food poisoning lawsuits is generally two years. However, there can be exceptions to this timeline. In certain situations, like when there’s a reasonable delay in discovering the injury or its cause, the statute of limitations can be extended.It’s important to note that if you miss the deadline without a valid exception, you may be barred from recovering damages for your injuries. This underlines the importance of timely action in food poisoning cases.Related Article

: Arizona Food Poisoning Lawsuit

See all related personal injury lawsuits our attorneys covered so far.

FAQs

1. What legal actions can I take against a restaurant or food company?

Legal actions that you can take against a restaurant or food company can include civil lawsuits for damages, and in some cases, class-action lawsuits may be pursued.

2. Do I need proof that the food caused my illness?

Yes, you need proof that the food caused my illness. Medical records, food purchase receipts, and lab tests confirming contamination can support your claim.

3. How long do I have to file a lawsuit?

In California, you generally have two years from the date of injury to file a food poisoning lawsuit, though exceptions may apply.

4. What should I do if I got sick from contaminated food?

If you got sick from contaminated food you should document the issue, retain proof of purchase, seek medical attention, and consult a lawyer.

5. Are there ongoing investigations into food poisoning outbreaks in California?

Check health department alerts, CDC updates, and legal news for case developments.

6. Can I join a class-action lawsuit?

If multiple plaintiffs file similar claims, a class-action or multi-plaintiff lawsuit may be formed.

7. How do I start my legal claim?

To start your legal claim you must contact a lawyer experienced in food poisoning cases to discuss your options and legal rights.

Get Your Free California Food Poisoning Lawsuit From Our Lawyers

Time is limited to pursue legal action. Statute of limitations laws may restrict how long victims have to file claims.At Schmidt & Clark, LLP, our team of California food poisoning lawyers has extensive experience in handling these types of cases and will guide you every step of the way.It’s crucial to be aware of your legal rights and determine if you qualify for a lawsuit. Rest assured, our consultations are always free, and we only charge if we secure a favorable outcome in your case.Free, confidential consultations No upfront costs or fees Payment only if we win your case. Reach out to Schmidt & Clark, LLP today for a comprehensive evaluation of your food poisoning case. Allow us to be your trusted partner in navigating this complex situation.Reference:

1. https://www.ers.usda.gov/webdocs/publications/41289/19024_aer799ap.pdf?v=0
2. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
3. nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/