Maryland Food Poisoning Lawsuit | 2025 Latest Updates

If you or a loved one experienced serious illness following consumption of contaminated food products in Maryland, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to food poisoning. 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.

Maryland Food Poisoning Lawsuit Overview

Food poisoning cases in Maryland are legal proceedings initiated by individuals who have suffered from foodborne illnesses due to the negligence of another party, such as a restaurant, grocery store, or food manufacturer. These food poisoning lawsuits aim to hold the responsible party accountable and secure compensation for damages suffered by the victim.

According to the Centers for Disease Control and Prevention (CDC), approximately 48 million Americans get sick, 128,000 are hospitalized, and 3,000 die of foodborne diseases each year.

Maryland Food Safety Reports and Statistics

Food poisoning is a significant health concern in Maryland, claiming the lives of approximately 3,000 individuals annually [1]. CDC reports that roughly 1 in 6 Americans (or 48 million people) gets sick from foodborne diseases each year.

“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 Seen in Maryland Cases

Food poisoning can cause a range of symptoms and health complications in Maryland residents, from mild discomfort to severe illness requiring hospitalization.

• Digestive System Issues: Diarrhea, upset stomach, nausea, vomiting, and cramps
• Systemic Symptoms: Fever, dehydration, and weakness
• Severe Complications: Hospitalization, long-term health problems, and in rare cases, death
• High-Risk Groups: Individuals with weakened immune systems, pregnant women, children, and older adults face greater risks

What Laws Apply to Food Poisoning Cases?

Laws that apply to food poisoning cases include product liability. When suppliers or manufacturers sell contaminated products that cause harm to consumers, they can be held responsible under this law [2]. In such cases, restaurants serving contaminated food and other parties involved in the food supply chain could face legal repercussions.

Another key legal aspect in Maryland food poisoning lawsuits is the breach of warranty. This legal claim can be made if a violation of the implied warranties relating to the food that caused the poisoning is demonstrated.

For instance, if someone falls sick before the expiration date on a food package, they might have a valid breach of warranty claim.

Do You Qualify for a Food Poisoning Lawsuit?

You may qualify for a food poisoning lawsuit if:

• You consumed food that was contaminated
• You experienced symptoms of food poisoning such as diarrhea, upset stomach, nausea, vomiting, cramps, or fever
• Your symptoms appeared within hours or days after consuming the contaminated food
• You sought medical attention for your symptoms
• You can provide medical documentation linking your illness to food poisoning

Evidence Required for a Food Poisoning Lawsuit

In the course of a food poisoning lawsuit, different kinds of evidence can be brought forward to corroborate the connection between the consumed food and the victim’s sickness:

• Medical records, including test results, photos of symptoms, doctor’s notes, and lab test results
• Food samples that can be tested to provide evidence of contamination
• Expert testimony to provide deeper understanding of the infection and its effects

Damages You Can Recover

Personal injury victims affected by food poisoning in Maryland may be eligible for compensation to cover:

• Medical expenses such as emergency room visits and hospital bills
• Wages lost due to time off work
• Pain and suffering
• In cases of gross negligence, punitive damages may be awarded

Common Causes of Food Poisoning in Maryland

Certain food items that can trigger food poisoning outbreaks include:

• Meat and poultry
• Eggs
• Fruits and vegetables
• Raw milk [3]

Harmful bacteria, viruses, and parasites primarily cause foodborne illnesses. E. coli, Salmonella, and Listeria are the usual culprits.

Food poisoning can also result from:

• Improper food handling practices
• Unsanitary conditions in food preparation areas
• Cross-contamination of foods
• Poor temperature control
• Inadequate hand hygiene

Notable Food Poisoning Cases in Maryland

Maryland’s history has its fair share of notable food poisoning cases:

• October 2022: Dozens of attendees at the “Best of Baltimore” party fell ill with food poisoning symptoms, including high fever, gastrointestinal distress, and dehydration. The Baltimore City and Maryland State Health Departments launched an investigation, focusing on chicken pate and shrimp served at the event. At least 20 people were affected, with some requiring emergency room visits. The source was not immediately confirmed, and the health department surveyed attendees to identify the cause [4].
• 2019–2021: A salmonella outbreak linked to Moby Dick House of Kabob restaurants in Maryland, Virginia, and Washington, D.C., resulted in at least 33 confirmed cases. Many affected individuals had consumed hummus from the restaurant, though health department tests did not conclusively identify the hummus as the outbreak source. The Maryland Department of Health allowed the restaurant to resume hummus sales after inspections, but the investigation remained open [5].
• December 2015: A nationwide E. coli outbreak associated with Chipotle restaurants affected over 50 people, including at least one confirmed case in Maryland. Twenty people required hospitalization. The outbreak prompted Chipotle to implement stricter food safety protocols, though the specific contaminated ingredient was not identified. The incident contributed to a significant decline in the company’s sales and stock value [6].
• November 1997: More than 700 people became ill, and at least two elderly individuals died after a salmonella outbreak at a church dinner in St. Mary’s County. The outbreak was traced to improperly cooked and refrigerated stuffed ham served at the event. Investigators cited preparation errors as the primary cause, making this one of the largest food poisoning incidents in Maryland’s history [7].

Food Poisoning Lawsuit Settlement Amounts in Maryland

The settlement amounts in food poisoning lawsuits can vary significantly, influenced by factors such as the severity of the illness and the extent of the victim’s damages. A severe case leading to hospitalization and long-term health complications would likely result in a higher settlement than a mild case with no lasting health effects.

One of the largest settlements in a Maryland food poisoning lawsuit involved fresh foods and was split among multiple families, with the majority going to three children.

Statute of Limitations for Food Poisoning Lawsuits in Maryland

In Maryland, the law typically allows three years from the date of the incident to file a food poisoning lawsuit. This makes it imperative for victims to act promptly upon suspecting food poisoning.

However, there are exceptions to this rule. For instance, if the party responsible for the food poisoning conceals their liability through fraud, the timeframe may be extended. In such cases, the period starts from when the injured person discovered the fraud or should have reasonably done so.

FAQs

1. Can I file a lawsuit for food poisoning in Maryland?

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

2. What types of damages can I recover in a food poisoning lawsuit?

The types of damages that you can recover include damages for medical expenses, lost wages, pain and suffering, and other related costs. If gross negligence is proven, punitive damages may be awarded.

3. How do I prove a food poisoning case in Maryland?

To prove a food poisoning case in Maryland, you need medical records confirming the illness, evidence linking the contaminated food to your illness (such as lab tests or health department reports), and documentation of any financial losses incurred.

4. Who can be held liable for food poisoning in Maryland?

Restaurants, food manufacturers, distributors, and retailers who may have mishandled or improperly prepared the food that caused the poisoning can be held liable for food poisoning in Maryland.

5. What is the statute of limitations for filing a food poisoning lawsuit in Maryland?

The statute of limitations for filing a food poisoning lawsuit in Maryland is generally three years from the date of the illness. It’s important to act promptly to ensure your legal rights are protected.

6. What laws apply to food poisoning cases in Maryland?

Product liability laws and breach of warranty laws apply to food poisoning cases in Maryland. Under product liability, suppliers or manufacturers can be held responsible for selling contaminated products that cause harm to consumers.

7. How do I know if I have food poisoning?

Common symptoms of food poisoning include diarrhea, upset stomach, nausea and vomiting, cramps, and fever. These symptoms can appear as early as six hours after eating contaminated food, although they may take up to two weeks to manifest.

Related Articles:

• Kentucky Food Poisoning Attorney
• Louisiana Food Poisoning Lawsuit

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

Get a Free Maryland Food Poisoning Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for food poisoning in Maryland. With only three years from the date of illness to file a lawsuit, it’s crucial to act quickly.

At Schmidt & Clark, LLP, we offer:

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

References:

1. https://smchd.org/food-safety/
2. https://www.ers.usda.gov/webdocs/publications/41289/19024_aer799ap.pdf?v=0
3. https://www.cdc.gov/foodsafety/foods-linked-illness.html
4. https://www.cbsnews.com/baltimore/news/city-state-health-departments-investigating-food-poisoning-cases-after-best-of-baltimore-party/
5. https://www.foodpoisoningnews.com/moby-dick-house-of-kabob-salmonella-outbreak-continues-to-grow/
6. https://theblackandwhite.net/47375/news/chipotle-e-coli-outbreak-spreads-to-maryland/
7. https://www.washingtonpost.com/archive/local/1997/11/08/food-poisoning-cases-top-700-in-st-marys/64425d23-3aeb-4482-a6dd-287adb18bedb/