Florida Food Poisoning Lawsuit | 2025 Latest Updates

Florida Food Poisoning Lawsuit Overview

Food poisoning lawsuits in Florida involve complex legal procedures against potentially liable parties ranging from contaminated food suppliers to restaurants with unhygienic practices. The legal journey in food poisoning cases starts with the identification of liability.

These cases require identifying the source of contamination and establishing responsibility for negligence in food handling. 

Food poisoning lawsuits in Florida are influenced by product liability and breach of warranty laws. These laws determine the responsibility of restaurants and food producers in cases of foodborne illnesses.

Navigating this maze and seeking rightful compensation necessitates the guidance of an experienced Florida food poisoning lawyer.

These professionals specialize in untangling the web of claims and counterclaims that can emerge in such cases, especially when dealing with food growers and suppliers.

Latest Florida Food Poisoning Lawsuit Updates

• March 9, 2025 – Schmidt & Clark, LLP published comprehensive guidance for Florida residents affected by food poisoning, outlining the four-year statute of limitations and potential compensation options for victims.
• September 26, 2024 – A Listeria outbreak linked to Boar’s Head deli meats caused multiple deaths and hospitalizations, including cases in Florida, prompting potential legal claims against manufacturers and distributors [1].
• July 12, 2024 – A Florida woman filed a lawsuit against companies responsible for Salmonella-contaminated cucumbers, highlighting ongoing litigation over foodborne illness in Florida.
• 2015 – The Chipotle Mexican Grill Norovirus Outbreak (2015): This outbreak affected customers in multiple states, including Florida. The company faced numerous personal injury lawsuits for negligence and failure to maintain safe food handling practices.
• 2006 – The Taco Bell E. coli Outbreak (2006): This outbreak affected multiple states, including Florida. Over 70 people fell ill, and lawsuits were filed against the fast-food chain for negligence in food safety.

FDA Reports and Statistics

The Federal Food, Drug, and Cosmetic Act is central to guaranteeing the safety of most foods, food additives, drugs, and cosmetics, thereby significantly contributing to the prevention of food poisoning cases [2].

Food poisoning cases in Florida stem from various contamination sources, including:

• Contaminated fish, poultry, pork, and beef
• Contaminated produce and fruits
• Contaminated peanut butter
• Improperly handled or thawed frozen foods

According to food safety authorities, foodborne illness outbreaks are primarily caused by five key risk factors:

• Improper cooling or heating of perishable foods
• Incorrect cooking temperatures
• Use of dirty or contaminated utensils and equipment
• Poor health and hygiene practices among employees
• Sourcing food from unsafe or unapproved origins

Florida Food Poisoning Injuries & Side Effects

Food poisoning can cause varying degrees of illness, with some cases leading to severe complications and long-term health issues.

• Gastrointestinal Distress: Stomach cramps, diarrhea, and vomiting
• Serious Complications: Weight loss and vitamin deficiencies (particularly A and B12)
• E. coli Infections: Can lead to severe symptoms requiring immediate medical attention
• Cryptosporidiosis: Causes extremely watery diarrhea and can lead to serious dehydration

Do You Qualify for a Florida Food Poisoning Lawsuit?

You may qualify for a Florida food poisoning lawsuit if:

• You consumed contaminated food in Florida
• You experienced serious symptoms requiring medical treatment
• You can identify where the contaminated food was purchased or consumed
• You sought medical attention for your illness
• You can provide medical documentation linking your illness to food consumption
• Your case falls within Florida’s four-year statute of limitations

Evidence Required for a Florida Food Poisoning Lawsuit

• Medical Documentation: Doctor’s notes, lab test results, and hospitalization records that demonstrate diagnosis and treatment.
• Food Samples: If available, samples can be tested for bacteria and toxins commonly linked to food poisoning.
• Stool Samples: Laboratory results identifying the specific pathogen causing your illness.
• Purchase Records: Receipts, credit card statements, or other proof of purchasing the contaminated food.
• Packaging: Original packaging from store-bought products that caused illness.

Damages You Can Recover

• Medical Expenses: Costs for doctor visits, emergency care, hospitalization, medications, and ongoing treatment.
• Lost Wages: Compensation for time missed from work due to illness.
• Pain and Suffering: Damages for physical pain and emotional distress caused by the illness.
• Punitive Damages: In cases of extreme negligence or misconduct in food handling and preparation.

Florida Food Poisoning Recall Information

Food recalls in Florida are issued by the FDA and USDA when contamination is detected, often linked to foodborne illness lawsuits.

Recent examples include:

• Meat and Poultry Products: BrucePac recalled 11.7 million lbs of RTE meat/poultry for Listeria (October 2024), distributed to Florida retailers like Publix and Walmart.
• Produce Items: Past FDA recalls include Salmonella in produce (e.g., 2024 outbreaks), affecting Florida markets.
• Packaged Foods: Reser’s Fine Foods recalled meal kits with contaminated chicken (2024), sold in Florida.
• Ready-to-Eat Meals: Don Novo & Son (Miami) recalled 9,330 lbs of RTE meat for Listeria (February 2024).

For the latest recall details, consumers should check FDA and USDA food safety alerts at FoodSafety.gov or consult a Florida food poisoning attorney for potential legal action following illness outbreaks.

Statute of Limitations for Florida Food Poisoning Lawsuits

Florida law stipulates a four-year window from the date of injury to file a food poisoning lawsuit. However, exceptions exist for:

• Incapacitation
• Minors (who have two years from the date of injury for negligence cases)
• Defendants who have left the state
• Cases where the defendant concealed their involvement

Related Article: Connecticut Food Poisoning Lawsuit

FAQs

1. What Types of Food Poisoning Cases Can a Florida Lawyer Handle?

Florida lawyers handle cases involving contaminated food, improper handling, and negligence by restaurants or manufacturers. They address claims related to severe illnesses and financial losses caused by foodborne pathogens like E. coli, Salmonella, and Norovirus.

2. How Can I Determine if I Have a Valid Food Poisoning Claim in Florida?

A valid claim in Florida requires proof of illness from contaminated food, negligence in food preparation or handling, and documentation of symptoms and damages. Consulting a lawyer can clarify your case’s validity based on evidence and circumstances.

3. What Are the Common Symptoms of Food Poisoning That May Warrant Legal Action?

Common symptoms include nausea, vomiting, diarrhea, abdominal pain, and fever. Persistent or severe symptoms that affect daily life or require medical treatment may support a legal claim for food poisoning.

4. What Is the Average Settlement Amount for Florida Food Poisoning Cases?

Settlement amounts vary based on case specifics but typically range from a few thousand dollars to over $500,000. The highest recorded settlement in a Florida food poisoning lawsuit was $6.7 million.

5. How Do I Prove My Food Poisoning Came From a Specific Establishment?

Proving the source requires medical evidence linking your illness to a specific pathogen, receipts or proof of purchase, and potentially evidence of other cases from the same establishment. Expert testimony often helps establish this crucial connection.

6. What Laws Protect Consumers From Food Poisoning in Florida?

Both the Federal Food, Drug, and Cosmetic Act and the Florida Food Safety Act protect consumers. These laws require food handlers to prepare food safely and disclose any health risks associated with their products.

7. How Long Does a Florida Food Poisoning Lawsuit Typically Take?

The timeline varies depending on case complexity, but most cases are resolved within 6-18 months. Simple cases may settle faster, while complex cases involving multiple victims or serious injuries may take longer.

8. Can I File a Class Action Lawsuit for Food Poisoning in Florida?

Yes, if multiple people were affected by the same contaminated food source. Class actions are appropriate when many victims experienced similar injuries from the same negligent party.

9. How Soon After Getting Food Poisoning Should I Contact a Lawyer?

Contact a lawyer as soon as possible after seeking medical treatment. Prompt legal consultation ensures evidence is preserved and you remain within the statute of limitations.

10. What If I Don’t Know Exactly Where I Got Food Poisoning?

An experienced food poisoning attorney can help investigate potential sources by reviewing your food consumption history, identifying outbreak patterns, and potentially working with health departments to pinpoint the source.

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

Get a Free Florida Food Poisoning Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for food poisoning in Florida, with only four years from the date of injury to file your claim. Don’t delay in seeking the compensation you deserve for your suffering and expenses.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations
• No upfront costs or fees
• Payment only if we win your case

Our experienced team is committed to providing the support you need during this challenging time. We understand the physical, emotional, and financial toll that food poisoning can take, and we’re here to help you every step of the way

References: 

1. https://apnews.com/article/boars-head-listeria-deaths-85ee1b241fb3cf46d206c20ed732254e
2. https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/food-safety-modernization-act-fsma