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New Hampshire Food Poisoning Lawsuit in 2024 (Latest Updates)

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Dealing with food poisoning is tough, and figuring out if you can take legal action in New Hampshire may be daunting. A skilled New Hampshire food poisoning lawyer is essential to guide you through the legal maze, from identifying who’s to blame to getting you compensation.

Should you or a loved one have experienced food poisoning, Schmidt & Clark, LLP, is prepared to lend a hand. With our reputation for successfully representing plaintiffs, our primary objective is to secure the justice you deserve and the rightful compensation you are entitled to.

Food Poisoning Lawsuit Overview

In New Hampshire, food poisoning lawsuits involve more than just coping with an upset stomach. It’s a complex legal battle against negligent parties, often involving restaurants or food suppliers, who failed to uphold food safety standards.

Navigating the road to justice is indeed filled with challenges. One of the primary obstacles is establishing causation and identifying the guilty party. It could be a case of the chicken salad being the source of the food poisoning, or it could be the clam chowder.

The restaurant could be at fault for not maintaining the correct food storage temperature, or the supplier could be to blame for delivering contaminated produce. On top of this, proving the extent of suffering and loss adds to the complexity. This is why the expertise of an experienced food poisoning lawyer is of paramount importance.

Determining Liability

Determining liability in food poisoning cases can be complex. It’s not always easy to prove that a restaurant or food manufacturer was negligent and that their negligence led to the foodborne illness.

In New Hampshire, the law demands evidence of negligence, such as improper food storage temperatures or unclean utensils, which led to the production and distribution of defective and unsafe food.

Health department investigations play a pivotal role in establishing liability. Through their diligent inspections and investigations, they can gather crucial evidence that can be used in legal proceedings.

Furthermore, liability is not limited to a single party. From the restaurant that served the food to the manufacturers and distributors of the contaminated products, any party along the food supply chain can be held responsible.

What Laws Apply to Food Poisoning Cases?

Laws that apply to food poisoning cases include a blend of state and federal regulations in New Hampshire. One such law is strict product liability, which focuses on the defective product and the harm it caused rather than proving negligence of the manufacturer or distributor [1].

Negligence law also plays a significant role. It could be argued that a party was negligent in selling or serving contaminated food, especially if the victim experienced severe symptoms like stomach cramps.

Breach of warranty is another legal concept that comes into play. A victim can claim that the food did not meet the promised warranty, whether explicitly stated or implied.

At the federal level, the Food Safety Modernization Act (FSMA) and the regulations enforced by the New Hampshire Food Protection Program ensure the food supply is safe and secure and work to prevent foodborne illnesses.

Notable Food Poisoning Cases in New Hampshire

In the annals of New Hampshire’s food safety history, several notable food poisoning incidents stand out. From Listeria contamination in Wilcox ice cream to Salmonella infections at Buba Noodle Bar, these cases underscore the importance of food safety and the role of experienced food poisoning lawyers, as well as food safety lawyers, in seeking justice for victims.

Although specifics of individual cases are often confidential, some light can be shed on the outcomes of these food poisoning lawsuits. In New Hampshire, plaintiffs have won 31% of food poisoning jury trials, with a median award of $25,560.

The impact of these cases extends beyond just compensation. They have led to changes in food safety regulations, emphasizing the need for continuous policy adjustments to ensure public health and safety.

Understanding Food Poisoning and Its Impact in New Hampshire

Beyond being a personal ordeal, food poisoning poses a public health concern. In New Hampshire, it’s estimated that Salmonella alone causes around 172 infections every year, contributing to food poisoning outbreaks.

These aren’t just numbers. They represent people who have suffered physically, emotionally, and financially due to consuming contaminated food.

Understanding the causes and symptoms of food poisoning is crucial in preventing its spread and seeking timely medical treatment. In New Hampshire, common culprits include Salmonella, Listeria, and Norovirus. A victim may experience symptoms like diarrhea, stomach pain, nausea, vomiting, and fever.

Common Causes of Food Poisoning in New Hampshire

Numerous pathogens in New Hampshire are typically linked to food poisoning. These include Salmonella, Listeria, and Norovirus. Salmonella, in particular, is a frequent offender [2].

The top five risks for foodborne illness outbreaks include improper heating or cooling of perishables, incorrect cooking temperatures, contaminated utensils and equipment, poor employee hygiene, and using food from unsafe sources. These factors significantly contribute to the spread of harmful bacteria and pathogens. – U.S. Department of Health & Human Services

Norovirus, often associated with outbreaks in crowded places, spreads through contaminated food or water or person-to-person contact. Foodborne parasites like Cyclospora, Giardia, and Cryptosporidium, transmitted through eating raw or undercooked meat, also pose a risk. Being aware of these common causes is the first step in prevention.

Recognizing the Symptoms of Food Poisoning

Recognizing food poisoning symptoms is vital for accessing prompt medical care, especially when it can lead to a serious illness. Typical signs include [3]:

  • diarrhea
  • severe stomach cramps
  • nausea
  • vomiting
  • fever

These symptoms usually show up anywhere from a few hours to a few days after consuming contaminated food.

Differentiating between food poisoning and a regular stomach upset can be challenging. However, food poisoning usually presents with more intense symptoms like vomiting and diarrhea and tends to resolve quickly.

In New Hampshire, you can consult with Food Protection or visit clinics where licensed medical providers can diagnose and treat food poisoning based on your symptoms.

Food Poisoning Lawsuit Settlement Amounts in New Hampshire

The settlement amounts in food poisoning lawsuits can vary significantly. Depending on the specifics of the case, settlements can range from a few thousand dollars to over $500,000.

Factors influencing the settlement amount include the details of the lawsuit, the parties involved, the strength of the case, the severity of the illness, and the damages suffered.

While there’s no exact average settlement amount in New Hampshire, data from food poisoning jury trials reveals some insights. Plaintiffs have typically received around $25,560 as a median award. It’s worth noting, though, that every case is unique, and past results are not a guarantee of future outcomes.

Potential Compensation for Victims of Food Poisoning in New Hampshire

In New Hampshire, food poisoning victims may pursue various forms of compensation, including:

  • Medical treatment costs
  • Compensation for lost income if they couldn’t work
  • Non-economic damages like pain and suffering
  • Other expenses related to the food poisoning incident.

Calculating financial compensation is a meticulous process. It takes into account:

  • The severity of the injuries
  • Their impact on the victim’s life and financial situation
  • Both the wages that have already been lost and those expected to be lost in the future due to the illness
  • The emotional distress suffered by the victim.

Filing a New Hampshire Food Poisoning Lawsuit

The process of filing a lawsuit for food poisoning involves the following steps:

  1. Gathering evidence
  2. Consulting with a food poisoning attorney
  3. Filing a complaint
  4. Going through the discovery phase
  5. Settling or going to trial
  6. Receiving the court’s decision on compensation

While the prospect of filing a lawsuit may seem daunting, with the right guidance and a free case evaluation, it is a feasible path toward justice.

A lawyer’s role is instrumental during this process. They:

  • Provide legal advice
  • Investigate the case to prove negligence
  • Represent the client in court
  • Assess the damages to secure compensation for medical expenses, lost income, and emotional distress.

Types of Evidence Presented in Food Poisoning Lawsuits

Like any legal case, food poisoning lawsuits heavily rely on evidence. Medical records like doctor’s notes, lab test results, and hospitalization records are vital pieces of evidence. They help establish a link between the illness and the food consumed.

Expert testimonies are also critical to substantiate the claim of food poisoning caused by negligence or wrongdoing. They review different types of evidence:

  • food safety regulations
  • industry standards
  • scientific research
  • testing

Photographs and videos can help convey the suffering caused by the contaminated food. Restaurant inspection reports can provide insights into kitchen cleanliness, further helping prove negligence.

New Hampshire Statute of Limitation

The countdown to file a lawsuit in New Hampshire starts the moment you fall sick or ingest the contaminated food. You usually have three years to file a lawsuit for food poisoning. This time limit, known as the statute of limitations, is crucial to keep in mind when considering legal action.

There are exceptions to these time limits. For instance, minors under eight years old have until their 10th birthday to file a claim for food poisoning. However, no specific exceptions to the statute of limitations for food poisoning lawsuits in New Hampshire are currently indicated.

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Have you or a loved one suffered food poisoning from consuming contaminated food or beverages?

Get Your Free Case Evaluation From New Hampshire Food Poisoning Lawyers

If you or a loved one has suffered from food poisoning, Schmidt & Clark, LLP is here to assist when you need it most. Our team is highly skilled in handling such cases, and we will guide you every step of the way.

It’s crucial to comprehend your legal rights and determine your eligibility for filing a lawsuit. Rest assured, our consultations are always complimentary, and we only charge if we secure a favorable result for your case.

Reach out to Schmidt & Clark today for a comprehensive evaluation of your food poisoning case. Allow us to be your steadfast partner in navigating this complex situation.

Reference:

  1. https://www.ers.usda.gov/webdocs/publications/41289/19024_aer799ap.pdf?v=0
  2. https://www.foodsafety.gov/food-poisoning/bacteria-and-viruses
  3. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/

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