Texas Food Poisoning Lawsuit | 2025 Latest Updates

If you or a loved one has been affected by foodborne illness after consuming contaminated food in Texas, you may be entitled to pursue compensation.

At Schmidt & Clark, 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 today for a free, no-obligation consultation.

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Texas Food Poisoning Lawsuit Overview

Victims of food poisoning in Texas can rely on dedicated food poisoning attorneys to investigate and manage their claims.

These attorneys fight for the victims’ rights, helping recover compensation for hospital bills, lost income, and pain and suffering. With approximately 1,300 cases of food poisoning annually in Texas, the impact on the community is significant.

Whether you’re in Houston or seeking a Houston food poisoning lawyer, these dedicated professionals can help ensure you receive the compensation you need.

Interestingly, food poisoning lawsuits become significantly stronger when many people are affected by a single food poisoning outbreak.

Latest Texas Food Poisoning Lawsuit Updates

• 2023 – A Texas man received a settlement of $695,000 after contracting E. coli from contaminated food, leading to severe illness, acute renal failure, and hypotension.
• 2022 – In a case involving Salmonella poisoning from contaminated orange juice, a total of $1.4 million was paid out to 55 people affected.
• 2015 – A well-known fast-food chain in Texas was linked to a severe E. coli outbreak [1]. This incident resulted in numerous hospitalizations and a significant settlement for the victims.

FDA Reports and Statistics

According to the Centers for Disease Control and Prevention (CDC), each year roughly 1 in 6 Americans (or 48 million people) gets sick, 128,000 are hospitalized, and 3,000 die of foodborne diseases.

In Texas specifically, there are approximately 1,300 reported cases of food poisoning annually.

A 2021 FDA study highlighted that the Texas heat can exacerbate the risk of food staying in the “Temperature Danger Zone” between 41°F and 135°F too long without proper temperature control [2].

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 (CDC)

Food Poisoning Injuries & Side Effects

Food poisoning can cause a range of symptoms that vary in severity and duration, with some victims experiencing persistent kidney or gastrointestinal troubles requiring hospitalization [3].

• Gastrointestinal Symptoms: Nausea, vomiting, diarrhea, and abdominal pain
• Systemic Reactions: Fever, dehydration, and electrolyte imbalances
• Severe Complications: Kidney failure, hypotension, and long-term digestive issues
• Neurological Effects: Headaches, dizziness, and in severe cases, neurological damage

Do You Qualify for a Texas Food Poisoning Lawsuit?

You may qualify for a Texas food poisoning lawsuit if:

• You consumed contaminated food in Texas
• You experienced symptoms like nausea, vomiting, diarrhea, or fever
• You sought medical attention for your symptoms
• You can provide medical documentation linking your illness to contaminated food
• Your food poisoning occurred within the last two years (Texas statute of limitations)

Evidence Required for a Food Poisoning Lawsuit

To succeed in a food poisoning lawsuit, plaintiffs must demonstrate both the presence of contamination and that the contamination directly caused their illness. Evidence typically includes:

• Medical records confirming foodborne illness diagnosis
• Receipts proving you purchased or consumed the contaminated food
• Leftover food samples (if available)
• Witness statements from others who consumed the same food
• Health department reports documenting the outbreak

Damages You Can Recover

Victims of food poisoning in Texas can seek compensation for various damages, including:

• Medical expenses (both past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Mental anguish
• Loss of consortium (loss of companionship or support from a spouse)
• Punitive damages (in cases of gross negligence)

Food Recall Information

Texas has seen several significant food recalls related to foodborne illness outbreaks.

The Texas Department of State Health Services works with the FDA and USDA to monitor and announce recalls affecting Texas consumers.

Current recall information is available through the Texas DSHS website and the FDA’s recall database.

Statute of Limitations for Texas Food Poisoning Lawsuits

The statute of limitations for filing a personal injury claim, including those for food poisoning, in Texas, is two years from the date of the injury.

If you believe you have a food poisoning claim, it’s essential to act promptly and consult with a Texas food poisoning lawyer as soon as possible to ensure your claim is filed within this timeframe.

Related Articles:

• South Carolina Food Poisoning Lawsuit
• Tennessee Food Poisoning Lawsuit

Frequently Asked Questions

1. What Are the Common Causes of Food Poisoning That Merit Legal Action in Texas?

Common causes include bacterial contamination (E. coli, Salmonella), cross-contamination, improper food storage, inadequate cooking temperatures, and unsanitary food handling practices. Under product liability laws, manufacturers, distributors, and retailers can be held liable for contaminated products. The Texas heat can exacerbate food safety risks, especially during extreme weather conditions.

2. How Do I Prove My Food Poisoning Case in Texas?

To prove a food poisoning case, you need medical documentation confirming your diagnosis, receipts showing you purchased or consumed the contaminated food, and evidence establishing a connection between your illness and the food source. Health department reports documenting an outbreak at the establishment can strengthen your case. Expert testimony from medical professionals may also be necessary.

3. What Types of Compensation Can I Receive for a Food Poisoning Lawsuit?

Compensation in Texas food poisoning cases typically includes coverage for medical expenses, lost wages, pain and suffering, and potentially punitive damages. Recent settlements have ranged from a few thousand dollars to over $500,000, with one case resulting in a $695,000 settlement for E. coli poisoning causing kidney failure. The amount depends on illness severity and long-term effects.

4. How Long Does It Take to Settle a Food Poisoning Lawsuit in Texas?

Most food poisoning cases in Texas settle within 6-18 months, depending on case complexity, severity of injuries, and cooperation of defendants. Simple cases with clear liability may settle more quickly, while complex cases involving multiple victims or disputes over causation can take longer to resolve. The discovery process and negotiations significantly impact timeline length.

5. Can I File a Lawsuit if I Got Food Poisoning While Traveling Outside Texas?

Yes, you can file a lawsuit if you can prove the food consumed during travel caused your illness. Jurisdictional issues may arise, and consulting a lawyer with experience in such cases is advisable. Texas attorneys may be able to help with cases involving out-of-state establishments that are part of chains operating in Texas.

6. How Do Health Authorities Determine the Source of a Food Poisoning Outbreak?

Health authorities use epidemiological methods, including interviews with affected individuals, food testing, and tracing food distribution paths, to identify the source of an outbreak. The Texas Department of State Health Services collaborates with local health departments to investigate clusters of illness, analyze data patterns, and identify common food sources among affected individuals.

7. What Laws Apply to Food Poisoning Cases in Texas?

Food poisoning cases in Texas are governed by personal injury law, product liability law, and breach of contract law [4]. The Texas Health and Safety Code provides specific regulations related to food safety. Claims can be based on negligence, strict liability, or breach of warranty depending on the circumstances of contamination.

8. Can Food Poisoning Lawsuits Result in Changes to Food Safety Regulations?

Yes, significant lawsuits can lead to changes in regulations and industry practices. Successful cases can prompt stricter enforcement of food safety standards and improved public health measures. In Texas, major outbreaks have historically led to enhanced inspection protocols and updated food handling requirements for restaurants and manufacturers.

Get A Free Texas Food Poisoning Lawsuit Evaluation With Our Lawyers

Time is limited to pursue legal action for food poisoning in Texas. With only two years from the date of injury to file your claim, it’s crucial to act quickly. Don’t wait until it’s too late to seek the compensation you deserve.

At Schmidt & Clark, we offer:

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

Reach out to Schmidt & Clark today for a comprehensive review of your food poisoning case. Allow us to be your trusted partner in this challenging journey.

References

1. https://www.cdc.gov/ecoli/2015/o26-11-15/index.html
2. https://www.statefoodsafety.com/Resources/Resources/how-to-prevent-food-poisoning-in-texas
3. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/
4. https://www.ers.usda.gov/webdocs/publications/41289/19024_aer799ap.pdf