Georgia Food Poisoning Lawsuit | 2025 Latest Updates

Georgia Food Poisoning Lawsuit Overview

Food poisoning lawsuits in Georgia address illnesses caused by contaminated food products consumed at restaurants, purchased from grocery stores, or produced by food manufacturers.

The primary allegations center on negligence in food handling, preparation, distribution, and failure to adhere to safety standards established by the Georgia Food Act and Food Service Rules and Regulations [1].

With settlements ranging from $7,400 to as high as $200 million, these cases hold responsible parties accountable for outbreaks of bacteria like Salmonella, E. coli, and listeria that have affected numerous Georgia residents through contaminated products including pre-cut cantaloupe, deli items, and other food sources.

Latest Georgia Food Poisoning Lawsuit 2025 Updates

• 2024-2025: A Listeria outbreak resulted in three deaths and at least 17 illnesses across 13 states, including Georgia. The source was heat-and-eat chicken fettuccine alfredo products sold at Kroger and Walmart stores in Georgia. The outbreak was traced to products manufactured by FreshRealm, which operates a facility in Montezuma, Georgia. The FDA and CDC issued recalls and warnings to Georgia consumers, urging them not to eat the affected products [2].
• August 2024: a separate E. coli outbreak sickened at least three children from two families in Georgia after consuming ground beef purchased at Kroger stores. This led to a recall of 190,000 pounds of ground beef and pork produced at a Georgia plant supplying Kroger stores. The illnesses prompted a comprehensive recall across multiple states, but the contamination was first identified in Georgia [3].
• June – July 2023: Between January and July 2023, a Salmonella outbreak was traced to the deli department of The Fresh Market in Buckhead, Atlanta. Fewer than 15 cases were reported, with about half requiring hospitalization. No deaths were reported. The Georgia Department of Agriculture and Department of Public Health investigated the store, with unsanitary conditions cited by a whistleblower and confirmed by health officials. The outbreak was primarily linked to chicken salad and other deli items [4].
• December 2023: At least five Georgia residents, ranging in age from 1 to 81, were infected with Salmonella after consuming pre-cut cantaloupe. The contaminated cantaloupe was sold as pre-cut chunks or in fruit mixes at Kroger, Sprouts Farmers Market, and Trader Joe’s locations throughout Georgia. One person in Georgia required hospitalization. The outbreak was part of a larger national event, but Georgia cases were scattered statewide with no single cluster. The Georgia Department of Public Health issued warnings and urged residents to avoid pre-cut cantaloupe unless the source was verified as safe [5].
• 2019: A Listeria outbreak was linked to bulk, fresh hard-boiled eggs produced by Almark Foods in Gainesville, Georgia. The eggs were distributed nationwide in plastic pails to food service operators, retailers, and restaurants, including in Georgia. At least seven people in five states were sickened, with four hospitalizations and one death. The CDC and FDA found the outbreak strain of Listeria in environmental samples from the Gainesville facility, leading to a recall of all hard-boiled eggs produced there. Almark Foods suspended production at the Georgia plant during the investigation [6].
• March 2015: ConAgra Foods paid $11.2 million in federal criminal penalties and $36 million in civil settlements after their Peter Pan peanut butter became contaminated with Salmonella at a Sylvester, Georgia plant. The company blamed the contamination on a leaky roof, and AP News reported that 627 people became ill from consuming the tainted product [7].

FDA Reports and Statistics

According to official reports and statistics:

• The Centers for Disease Control and Prevention (CDC) estimates that approximately 1 in 6 Americans (about 48 million people) get sick from foodborne diseases each year.
• Nationwide, foodborne illnesses result in approximately 128,000 hospitalizations and 3,000 deaths annually.
• Georgia has seen multiple outbreaks of Salmonella, E. coli, and Listeria in recent years, affecting hundreds of residents.
• Common sources of contamination in Georgia include undercooked meats, unwashed produce, and cross-contamination during food preparation.
• The Georgia Department of Public Health actively monitors and investigates foodborne illness outbreaks throughout the state.
• Viruses such as the Norwalk virus, Rotavirus, and Hepatitis A are commonly associated with foodborne illnesses in Georgia [8].

“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.”- Centers for Disease Control and Prevention.

Food Poisoning Injuries & Side Effects

Food poisoning can cause a range of symptoms varying from mild discomfort to severe, life-threatening conditions depending on the pathogen involved and the individual’s health status [9].

• Gastrointestinal Distress: Nausea, vomiting, diarrhea (sometimes bloody), and severe stomach cramps often beginning 12-72 hours after consuming contaminated food.
• Dehydration: Significant fluid loss requiring medical intervention, particularly dangerous for young children, elderly individuals, and those with compromised immune systems.
• Systemic Infections: Fever, chills, and in severe cases, bacteria entering the bloodstream causing life-threatening complications.
• Long-term Complications: Reactive arthritis, kidney failure (particularly with E. coli infections), and neurological damage in severe cases.

However, the symptoms can vary based on the type of foodborne illness. For instance, E. coli poisoning typically starts with watery diarrhea, which can progress to bloody diarrhea in severe cases.

On the other hand, Salmonella poisoning may result in symptoms such as diarrhea, stomach cramps, fever, nausea, vomiting, and even blood in the stool.

Do You Qualify for a Georgia Food Poisoning Lawsuit?

You may qualify for a Georgia food poisoning lawsuit if:

• You consumed food from a restaurant, grocery store, or other food provider in Georgia.
• You developed symptoms of food poisoning within 72 hours of consumption.
• You sought medical attention and were diagnosed with a foodborne illness.
• You can provide evidence linking your illness to the specific food source.
• Your illness resulted in significant medical expenses, lost wages, or other damages.
• The incident occurred within the past two years (Georgia’s statute of limitations).

Evidence Required for a Georgia Food Poisoning Lawsuit

To build a strong case, you’ll need:

• Medical records documenting your diagnosis and treatment
• Laboratory test results confirming the specific pathogen (if available)
• Proof of purchase such as receipts, credit card statements, or loyalty program records
• Photographs of the food if available
• Hospitalization records if your condition required inpatient care
• Documentation of any reports made to local health departments
• Expert testimony from food safety specialists or healthcare providers

Damages You Can Recover

Victims of food poisoning in Georgia may be entitled to compensation for:

• Medical expenses, including emergency treatment, hospitalization, and ongoing care
• Lost wages due to time away from work during illness and recovery
• Pain and suffering associated with the physical and emotional trauma
• Long-term health complications resulting from the foodborne illness
• Loss of enjoyment of life and emotional distress

Food Poisoning Lawsuit Settlement Amounts in Georgia

Settlements in Georgia food poisoning lawsuits can vary significantly based on the specific circumstances of each case. Typical settlements range from $7,400 to as high as $200 million in extreme cases.

The average payout for food poisoning lawsuits in Georgia is approximately $276,148.

Factors affecting settlement amounts include:

• Severity and duration of the illness
• Extent of medical treatment required
• Amount of lost wages and impact on earning capacity
• Degree of pain and suffering experienced
• Long-term or permanent health effects
• Strength of evidence linking the illness to the food source

Recent years have seen verdicts as high as $6.2 million in particularly severe cases.

Georgia Food Poisoning Laws and Regulations

Georgia has specific laws governing food safety, including the Georgia Food Act, which ensures that food manufacturers adhere to safety standards and report any harmful substances.

The state also enforces the Food Service Rules and Regulations (511-6-1) for restaurants and the Manufactured Food Regulations (40-7-18) for food processing plants.

These regulations establish strict guidelines for:

• Proper food handling and storage
• Temperature control during preparation and service
• Employee hygiene and health requirements
• Facility cleanliness and pest control
• Food sourcing and supplier verification

Violations of these regulations can strengthen a food poisoning lawsuit by establishing negligence on the part of the food provider.

Notable Food Poisoning Cases in Georgia

Several significant food poisoning cases in Georgia have highlighted the importance of food safety:

• Salmonella outbreaks linked to pre-cut cantaloupe affecting numerous residents.
• Listeria contamination from hard-boiled eggs distributed by a local company.
• Contaminated deli items at Fresh Market stores causing widespread illness.
• Major retailers including TGI Fridays, Kroger, and Publix have faced scrutiny following foodborne illness outbreaks.

These cases have had a profound impact on food safety enforcement in Georgia, leading to stricter regulations and greater accountability for food providers.

Statute of Limitations for Georgia Food Poisoning Lawsuits

In Georgia, food poisoning lawsuits must be filed within two years from the date of the incident.

This statute of limitations is strictly enforced, and failing to file within this timeframe can result in your case being dismissed regardless of its merit.

In some situations, the “discovery rule” may apply, which means the two-year period begins when you discovered or reasonably should have discovered that your illness was caused by contaminated food.

However, this is determined on a case-by-case basis, making it crucial to consult with an Atlanta food poisoning attorney as soon as possible after becoming ill.

Related Article: Florida Food Poisoning Lawsuit

FAQs

1. What Are the Common Causes of Food Poisoning in Georgia?

Common causes include contaminated food or water, improper food handling, undercooked meat, unwashed produce, and bacteria like Salmonella, E. coli, and Listeria.

2. How Do I Know if I Need a Food Poisoning Lawyer in Georgia?

Consider hiring a lawyer if you experienced severe symptoms, incurred medical expenses, lost income, or suspect negligence by a food provider caused your illness.

3. What Evidence Is Required to File a Food Poisoning Lawsuit in Georgia?

Required evidence includes medical records, lab test results, eyewitness testimonies, proof of contaminated food, purchase receipts, and documentation of the incident’s impact on your health.

4. How Long Does a Food Poisoning Lawsuit Take in Georgia?

The timeline varies based on case complexity, with some resolving in months through settlements, while others may take 1-2 years if litigation is necessary. Your attorney can provide a more specific estimate based on your unique circumstances.

5. Can I Sue a Restaurant for Food Poisoning in Georgia?

Yes, you can sue a restaurant if you can prove their negligence caused your foodborne illness. This typically requires evidence linking your illness to food consumed at the establishment and demonstrating that improper food handling or preparation occurred.

See all related product liability lawsuits our attorneys covered so far.

Get a Free Georgia Food Poisoning Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for food poisoning in Georgia. With a statute of limitations of only two years from the date of the incident, it’s critical to act promptly to protect your legal rights and potential compensation.

Schmidt & Clark, LLP offers:

• Free, confidential consultations to evaluate your potential case
• No upfront costs or fees for representation
• Payment only if we win your case
• Experienced attorneys knowledgeable about Georgia food safety laws and regulations

References

1. https://rules.sos.ga.gov/gac/40-7-18
2. https://www.fox5atlanta.com/news/deadly-listeria-outbreak-chicken-alfredo-fettucine-georgia-kroger-walmart
3. https://www.supermarketnews.com/independents-regional-grocers/e-coli-prompts-recall-of-kroger-case-ready-lines
4. https://www.foodpoisonjournal.com/food-poisoning-information/fresh-market-in-georgia-linked-to-salmonella-cases/
5. https://dph.georgia.gov/press-releases/2023-12-01/salmonella-infections-pre-cut-cantaloupe
6. https://news.sanfordhealth.org/healthy-living/cdc-hard-boiled-eggs/
7. https://keepfoodsafe.org/food-poisoning/lawsuit-settlement-amounts/
8. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
9. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/