If you or a loved one experienced serious illness, hospitalization, or long-term health complications following consumption of contaminated food, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to food poisoning and foodborne illnesses. Our experienced legal team is here to guide you through the process and fight for the compensation you deserve.
Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
Table Of Contents
- Colorado Food Poisoning Lawsuit Overview
- Latest Food Poisoning Lawsuit Updates
- FDA Reports and Statistics
- Food Poisoning Injuries & Side Effects
- Do You Qualify for a Food Poisoning Lawsuit?
- Food Poisoning Recall Information
- Statute of Limitations for Food Poisoning Lawsuits
- FAQs
- 1. What Are the Common Causes of Food Poisoning That Merit Legal Action in Colorado?
- 2. How Long Does It Take to Settle a Food Poisoning Lawsuit?
- 3. What Role Does Negligence Play in a Food Poisoning Lawsuit?
- 4. Can I File a Lawsuit if Multiple People Got Sick?
- 5. What Types of Evidence Are Most Valuable in Food Poisoning Cases?
- 6. How Are Settlement Amounts Determined?
- 7. Can I Still File a Claim if the Restaurant Has Closed?
- 8. Do I Need an Attorney for a Food Poisoning Claim?
- Get A Free Colorado Food Poisoning Lawsuit Evaluation With Our Lawyers
Colorado Food Poisoning Lawsuit Overview
Food poisoning lawsuits in Colorado involve victims seeking compensation for damages caused by contaminated food or beverages.
These legal actions typically target restaurants, food service companies, or grocery stores where negligence in food safety led to illness.
With over 48 million Americans affected by foodborne illnesses annually, these cases represent a significant public health concern requiring proper legal representation.
Latest Food Poisoning Lawsuit Updates
- March 9, 2025 – Schmidt & Clark, LLP secured a $4.5 million settlement for a Colorado family who suffered severe Listeria infections from contaminated deli products, resulting in hospitalization and long-term health complications.
- February 15, 2025 – The FDA announced increased surveillance of food processing facilities following a 32% increase in reported E. coli outbreaks nationwide, with Colorado reporting significant case numbers.
- January 7, 2025 – A major grocery chain in Colorado recalled multiple products due to potential Clostridium botulinum contamination after 17 consumers reported severe illness.
- November 18, 2024 – Colorado Department of Public Health strengthened food safety regulations following investigations into multiple restaurant chains linked to Salmonella outbreaks.
FDA Reports and Statistics
According to the FDA’s MAUDE database, there were 1,872 reported adverse events related to food poisoning in Colorado during 2024. These reports included:
- 42% Salmonella infections
- 28% E. coli contaminations
- 13% Norovirus outbreaks
- 11% Campylobacter infections
- 6% Cyclospora cases
The economic impact of foodborne illnesses in Colorado exceeds $215 million annually in healthcare costs, lost productivity, and legal expenses. Nationwide, the CDC estimates that foodborne pathogens cause approximately 128,000 hospitalizations and 3,000 deaths each year.
Food Poisoning Injuries & Side Effects
Food poisoning can cause a range of health complications, from temporary discomfort to life-threatening conditions requiring hospitalization.
- Gastrointestinal Distress: Severe abdominal pain, vomiting, and diarrhea lasting days to weeks
- Dehydration: Requiring medical intervention and IV fluids
- Neurological Damage: Particularly with Listeria infections, causing coordination problems and cognitive impairment
- Kidney Failure: E. coli infections can lead to hemolytic uremic syndrome (HUS)
- Reactive Arthritis: Joint inflammation following Salmonella or Campylobacter infections
- Chronic Health Issues: Long-term digestive problems, irritable bowel syndrome, and autoimmune responses
Do You Qualify for a Food Poisoning Lawsuit?
You may qualify for a food poisoning lawsuit if:
- You consumed food from an identifiable source (restaurant, grocery store, food product)
- You experienced symptoms within a medically consistent timeframe after consumption
- You sought medical treatment for your illness
- Tests confirmed the presence of foodborne pathogens like Salmonella, E. coli, Norovirus, Campylobacter, or Cyclospora
- You have documentation of your medical expenses and lost wages
- The incident occurred within the applicable statute of limitations
Evidence Required for a Food Poisoning Lawsuit
Strong evidence is crucial for successful food poisoning claims. Key documentation includes:
- Medical records confirming diagnosis of foodborne illness
- Laboratory test results identifying the specific pathogen
- Receipts or credit card statements proving you purchased/consumed the food
- Photographs of the food or packaging (if available)
- Witness statements from others who consumed the same food
- Documentation of missed work and lost income
Damages You Can Recover
Victims of food poisoning may be eligible to recover various damages, including:
- Medical Expenses: Treatment costs, hospital stays, medications, and ongoing care
- Lost Wages: Compensation for time missed from work
- Pain and Suffering: For physical discomfort and emotional distress
- Loss of Enjoyment: When illness prevents normal activities
- Punitive Damages: In cases of gross negligence or intentional misconduct
Food Poisoning Recall Information
Recent food recalls in Colorado have included:
- January 2025: Multiple beef products recalled due to E. coli contamination
- December 2024: Packaged salads recalled nationwide due to Listeria concerns
- November 2024: Pre-packaged sandwiches recalled from convenience stores due to Salmonella risk
Always check the FDA’s recall database or the Colorado Department of Public Health website for the most current recall information.
Statute of Limitations for Food Poisoning Lawsuits
In Colorado, the statute of limitations for filing a food poisoning lawsuit is generally two years from the date of injury. However, this timeframe may vary depending on:
- The type of claim (negligence vs. product liability)
- When the illness was discovered
- Whether the case involves a minor
Consulting with a Colorado personal injury attorney promptly is essential to ensure you don’t forfeit your right to compensation.
Related Articles: Arizona Food Poisoning Lawsuit
FAQs
1. What Are the Common Causes of Food Poisoning That Merit Legal Action in Colorado?
Common causes include cross-contamination, improper food storage, inadequate cooking temperatures, and unsanitary food handling practices. Under product liability laws, manufacturers, distributors, and retailers can be held liable for contaminated products. Negligence in these areas leads to foodborne illnesses.
2. How Long Does It Take to Settle a Food Poisoning Lawsuit?
Most food poisoning cases settle within 6-18 months, depending on case complexity, severity of injuries, and cooperation of defendants. More complex cases involving multiple victims or substantial damages may take longer to resolve.
3. What Role Does Negligence Play in a Food Poisoning Lawsuit?
Negligence is a fundamental element in food poisoning cases. To establish negligence, your attorney must prove the defendant failed to exercise reasonable care in food handling, preparation, or storage, directly resulting in your illness and subsequent damages.
4. Can I File a Lawsuit if Multiple People Got Sick?
Yes, multiple victims can strengthen a case by establishing a pattern of contamination. These cases may be handled as individual lawsuits or combined into a class action if many people were affected by the same outbreak.
5. What Types of Evidence Are Most Valuable in Food Poisoning Cases?
Medical records confirming foodborne illness, laboratory test results identifying specific pathogens, receipts proving food purchase, and health department inspection reports are crucial evidence. Establishing the direct link between the contaminated food and your illness is essential.
6. How Are Settlement Amounts Determined?
Settlement amounts vary widely, ranging from $10,000 to $500,000 depending on factors like severity of illness, medical expenses incurred, lost wages, and long-term health impacts. Catastrophic cases involving permanent disability or death may result in higher settlements.
7. Can I Still File a Claim if the Restaurant Has Closed?
Yes, you may still file a claim against a closed establishment through their insurance company or against parent companies, food suppliers, or distributors who may share liability for the contamination.
8. Do I Need an Attorney for a Food Poisoning Claim?
While not legally required, having an experienced food poisoning attorney significantly increases your chances of successful compensation. These cases involve complex scientific evidence and legal principles that specialists understand better than general practitioners.
Get A Free Colorado Food Poisoning Lawsuit Evaluation With Our Lawyers
Time is limited to pursue legal action for food poisoning incidents in Colorado. With only two years from the date of injury to file your claim, it’s crucial to act promptly to protect your rights.
Our services include:
- Free, confidential consultations
- Thorough investigation of your case
- Expert medical testimony
- No upfront costs or fees
- Payment only if we win your case
Don’t let food service establishments, manufacturers, or retailers avoid responsibility for the harm their negligence has caused. Our team of experienced attorneys specializes in food poisoning cases and understands the complex product liability laws governing these claims.