Indiana Food Poisoning Lawsuit | 2025 Latest Updates

If you or a loved one experienced severe food poisoning after consuming contaminated food from a restaurant, grocery store, or food manufacturer, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to negligent food handling and contamination. 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.

Indiana Food Poisoning Lawsuit Overview

Food poisoning lawsuits arise when individuals become ill from consuming contaminated food. These cases primarily allege negligence against food providers who failed to follow proper food safety protocols. Over 48 million Americans suffer from food poisoning every year, with many cases resulting in serious health complications.

Experienced food poisoning attorneys have successfully represented victims against major corporations like Walmart, Dole, McDonald’s, and Nestle.

Laws That Govern Food Safety in Indiana

Food poisoning lawsuits in Indiana are governed by regulations such as [1]:

• Code of Federal Regulations (CFR) Title 21 – Federal guidelines on food safety.
• Indiana Code (IC) Title 16 Article 42 – State-specific health and food safety laws.
• 410 IAC 7-21 & 410 IAC 7-24 – Sanitation requirements for wholesale and retail food establishments.

Non-compliance with these regulations can result in legal consequences, including lawsuits and fines, particularly if violations cause severe health issues such as kidney failure.

Notable Food Poisoning Cases in Indiana

• Cantaloupe Listeria Outbreak (2011) – August 15, 2011: The first illnesses in Indiana linked to the nationwide listeriosis outbreak from contaminated cantaloupes were reported. At least one Indiana resident died as a result of the outbreak, which ultimately affected 28 states and caused 33 deaths nationwide [2].
• Salmonella at a Funeral Luncheon (2014) – April 2014: A Salmonella outbreak occurred at a funeral luncheon in Indiana, resulting in multiple illnesses and a $130,000 settlement for two victims. While the incident is referenced in food safety resources, detailed documentation from public health agencies is limited [3].
• Nationwide Salmonella Outbreak (2018) – April 13, 2018: Rose Acre Farms of Seymour, Indiana, voluntarily recalled over 200 million eggs due to potential Salmonella contamination. The recall followed an FDA inspection and was linked to illnesses in multiple states, with Indiana at the center as the source of the recalled eggs [4].

Understanding Food Poisoning and Its Impact in Indiana

Food poisoning, a frequently overlooked issue, is quite prevalent in Indiana. The usual culprits include bacteria such as:

• Campylobacter
• Salmonella
• Listeria
• E. coli

These bacteria can seriously impact the health of those affected. Symptoms range from stomach cramps, nausea, and vomiting to diarrhea and fever. In severe cases, food poisoning can cause lasting damage and even lead to life-threatening conditions.

Common Causes of Food Poisoning in Indiana

Bacteria are the primary cause of food poisoning in Indiana. Some of the most notorious bacteria include [5]:

• Shigella
• Listeria
• Botulinum toxin

These harmful bacteria are more likely to inhabit certain foods. Some examples include [6]:

• Meat
• Poultry
• Seafood
• Eggs
• Dairy products

“Biological contaminants are by far the greatest cause of illness. Many of the risks associated with biological contaminants can be controlled or removed by effective food handling practices.”- The BC Cook Articulation Committee

Food Poisoning Injuries & Side Effects

Food poisoning can cause a range of symptoms from mild discomfort to severe, life-threatening conditions.

• Common Symptoms: Cramping, nausea, vomiting, diarrhea, stomach pain or cramps, fever.
• Severe Symptoms: Excessive vomiting, severe stomach cramps, blood in stool, high fever, signs of dehydration.
• Long-term Complications: Kidney failure, chronic health issues, hospitalization.
• Vulnerable Populations: Pregnant women, people with weakened immune systems.

Do You Qualify for a Food Poisoning Lawsuit?

You may qualify for a food poisoning lawsuit if:

• You consumed contaminated food from a restaurant, grocery store, or food manufacturer.
• You experienced serious symptoms requiring medical attention.
• You can prove the contamination directly caused your illness.
• You can demonstrate the responsible party neglected safety standards.

Evidence Required for a Food Poisoning Lawsuit

• Medical records – Doctor’s diagnosis is essential evidence
• Food evidence – Preserved contaminated food and packaging
• Lab test results – Confirming bacterial contamination
• Witness statements – Supporting your claim
• Documentation – Of unsanitary conditions at the food establishment

Damages You Can Recover

• Medical expenses – Hospital bills and other related medical costs
• Lost wages – Including paid time off and vacation days used
• Pain and suffering – Physical and emotional distress
• Loss of enjoyment of life – Reduced ability to enjoy activities

Statute of Limitations for Indiana Food Poisoning Lawsuits

Victims have two years from the date of illness discovery to file a lawsuit in Indiana, though exceptions may apply in certain circumstances.

Food Poisoning Lawsuit Settlement Amounts in Indiana

Compensation amounts in Indiana’s food poisoning lawsuits vary significantly based on multiple factors:

• The details of the lawsuit
• The person making the claim
• The company being sued
• The severity of the injury

Settlements can range from a few thousand dollars to millions. Notable settlements in past Indiana cases include:

• $130,000 for two people affected by a salmonella outbreak
• $11 million for victims in a widespread food contamination case

Who is Responsible for Your Food Poisoning Case?

Holding food providers accountable can be complex, but an experienced attorney can guide you through the process. Liability may fall on:

• Restaurants
• Grocery stores
• Food manufacturers
• Suppliers

A strong food poisoning case requires proving:

• The food was contaminated (e.g., unpasteurized milk, improperly stored meat)
• The contamination directly caused illness
• The responsible party neglected safety standards

FAQs

1. What four foods are the biggest offenders of causing food poisoning?

The four foods that are the biggest offenders of causing food poisoning are:

• Poultry – Undercooked chicken and turkey.
• Seafood – Shellfish toxins and bacterial contamination.
• Deli Meat – Risk of Listeria contamination.
• Eggs – Potential for Salmonella infection.

2. Can I file a lawsuit for food poisoning in Indiana?

Yes, you can file a lawsuit for food poisoning in Indiana if you can prove that the food poisoning was caused by negligence, such as improper handling, preparation, or storage of food by a restaurant, retailer, or manufacturer.

3. How much compensation can I get for food poisoning?

The compensation that you can get for food poisoning can range from a few thousand dollars to over $500,000. Settlement amounts vary based on factors such as the strength of the claim, the severity of injuries and damages, the number of people affected, and other relevant circumstances.

4. How do I prove I got food poisoning from a restaurant?

To prove you got food poisoning from a restaurant, you need medical documentation confirming your illness, evidence linking your illness to the food you ate, and proof that the restaurant was negligent in their food handling practices.

5. What steps should I take immediately after suspecting food poisoning?

After suspecting food poisoning, seek immediate medical attention, preserve any leftover food and packaging as evidence, report the illness to your local health department, and consult a food poisoning lawyer to assess your legal options.

6. How long do I have to file a food poisoning lawsuit in Indiana?

In Indiana, you have two years from the date of discovering your illness to file a food poisoning lawsuit, though certain circumstances may affect this timeframe.

7. Do I need a lawyer for a food poisoning case?

While not legally required, hiring an experienced food poisoning lawyer significantly increases your chances of receiving proper compensation, as they understand the complex legal process and can effectively negotiate with insurance companies.

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

Get a Free Indiana Food Poisoning Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for food poisoning cases in Indiana. With only two years from the date of injury to file a claim, it’s crucial to act quickly to protect your rights.

What to Do Next If You’ve Suffered Food Poisoning:

• See a doctor immediately – Get medical records documenting your illness.
• Save any contaminated food – It could serve as key evidence.
• Contact a lawyer – Learn if you qualify for compensation.

Schmidt & Clark, LLP offers:

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

References:

1. https://www.in.gov/health/food-protection/laws-rules-and-regulations/
2. https://archive.cdc.gov/www_cdc_gov/listeria/outbreaks/cantaloupes-jensen-farms/map.html
3. https://www.illinoisfoodpoisoningattorney.com/chicago-food-poison-lawyer/6-most-expensive-food-outbreaks-in-history
4. https://archive.cdc.gov/www_cdc_gov/salmonella/braenderup-04-18/index.html
5. https://my.clevelandclinic.org/health/diseases/21167-food-poisoning
6. https://www.urmc.rochester.edu/encyclopedia/content.aspx?ContentTypeID=90&ContentID=P02019