FREE Case Review (866) 588-0600

Wisconsin Food Poisoning Lawsuit: Get the Right Attorney

Awards & recognition
Collen Clark Published by Collen Clark

Dealing with food poisoning is tough; finding a skilled Wisconsin food poisoning lawyer shouldn’t add to your worries. This concise guide helps you understand your legal options, the compensation you may qualify for, and the support you’ll receive throughout your lawsuit in Wisconsin.

If you or a loved one has been affected by food poisoning, the law firm of Schmidt & Clark, LLP, is here to help. Known for our proficiency in advocating for plaintiffs, our primary goal is to ensure that you receive the justice and rightful compensation you are entitled to.

Food Poisoning Lawsuit Overview

Food poisoning lawsuits generally revolve around the negative effects experienced by individuals after consuming contaminated food. The implications of food poisoning can be serious, leading to:

  • Emergency medical care
  • Escalating healthcare costs
  • Loss of income due to inability to work
  • Physical pain and suffering
  • Emotional trauma

In such cases, the role of an experienced food poisoning attorney becomes critical. These legal professionals can help you decipher the complexities of food safety laws, understand the specific legal restrictions in places like Wisconsin, and offer crucial advice on key aspects such as your eligibility for filing a lawsuit and the necessary steps for recovery.

Determining Liability

Establishing liability is a critical step in a food poisoning case and in paving the way to a successful lawsuit. It involves proving that the food consumed was contaminated and that the contamination led to a serious illness.

This process often requires a meticulous review of medical records, laboratory test results, and expert testimonies, among other pieces of evidence.

Collaborating with outbreak investigations by the Wisconsin Department of Public Health or the CDC can also be instrumental in establishing a link between the illness and the contaminated food source.

The process may seem daunting, but with an experienced lawyer at your side, the road to recovery can be made significantly smoother.

What Laws Apply to Food Poisoning Cases?

Laws that apply to food poisoning cases include Wisconsin food safety laws and regulations, which are designed to ensure the safety and health of consumers. These laws establish standards for food production, processing, and service and impose penalties for violations that lead to foodborne illnesses.

A few of these laws include the Food Safety Modernization Act (FSMA), which focuses on preventing food contamination rather than responding to it, and the Wisconsin Food Code, which provides regulatory standards for all food establishments in the state [1].

Understanding these intricate laws can be a challenging task. However, with the assistance of skilled food poisoning lawyers, victims can confidently comprehend their rights and pursue justice for the harm they have suffered.

Notable Food Poisoning Cases in Wisconsin

Several notable food poisoning cases have featured in Wisconsin over the years. That has shaped its food safety regulations and public health policies. These cases serve as reminders of the serious consequences of foodborne illnesses and the importance of stringent food safety practices.

They also highlight the role of personal injury lawyers in helping victims seek justice, ensuring that similar incidents can be prevented in the future.

Understanding Food Poisoning and Its Impact in Wisconsin

Food poisoning, a common yet often overlooked problem, can have debilitating effects. Understanding the common causes of food poisoning is crucial in Wisconsin, as well as recognizing its symptoms and being aware of the long-term health issues it can trigger. This knowledge can help protect you and your loved ones from falling victim to this preventable disease.

Moreover, understanding the wider impact of food poisoning in Wisconsin can underscore the importance of prevention and safe food handling practices.

By being vigilant about food safety, individuals can significantly reduce the risks associated with foodborne illnesses and contribute to the overall health and well-being of the community.

Common Causes of Food Poisoning in Wisconsin

According to a 2023 study by The BC Cook Articulation Committee, a variety of pathogens can cause food poisoning, including [2]:

These pathogens can lead to conditions such as salmonellosis and typhoid fever, which can be particularly dangerous for high-risk groups, including infants, pregnant people, older adults, and those who are immunocompromised.

Annually, 48 million people fall ill due to foodborne diseases nationwide, resulting in 128,000 hospitalizations and 3,000 deaths. In Wisconsin, contaminated food is the primary source of food poisoning, leading local health departments to play a crucial role in food poisoning outbreaks by:

  • identifying and investigating potential outbreaks
  • conducting inspections of food establishments
  • educating the public on safe food handling practices
  • enforcing food safety regulations

Recognizing the Symptoms of Food Poisoning

The first step towards seeking appropriate medical help is recognizing food poisoning symptoms. Typical symptoms include [3]:

  • diarrhea
  • stomach pain or cramps
  • nausea
  • vomiting
  • fever

If you experience any of these symptoms, it is crucial to see a doctor immediately to prevent complications and ensure a swift recovery.

Over 200,000 Americans develop long-term ailments from food poisoning annually, severely impacting their quality of life and daily activities. – Centers for Disease Control and Prevention (CDC)

Food Poisoning Lawsuit Settlement Amounts in Wisconsin

Significant settlement amounts can result from food poisoning lawsuits., depending on the severity of the illness, the extent of the damages incurred, and the details of the case.

Settlements can range from a few thousand dollars to several hundred thousand dollars, providing victims with much-needed financial relief during their recovery period.

For instance, a food poisoning lawsuit against The Cheesecake Factory in Wisconsin was settled for $14,000 after a man suffered from scombroid poisoning from eating improperly refrigerated fish.

The total judgment, including court costs and expenses, amounted to $15,526.88. This case serves as a reminder of the potential financial repercussions of food poisoning and the importance of seeking legal assistance.

Potential Compensation for Victims of Food Poisoning in Wisconsin

Compensation eligibility is a possibility for food poisoning victims in Wisconsin. to cover a variety of damages, including medical bills, lost wages, and pain and suffering. The compensation aims to alleviate the financial burden caused by the illness and help victims focus on their recovery.

Although subjective, non-economic damages in food poisoning cases, like pain and suffering, emotional distress, and decreased life enjoyment, can profoundly impact the victim’s life.

These damages are assessed individually for each case, taking into account the physical discomfort and emotional distress endured as a result of the illness.

Compensation claims for food poisoning may consider the following damages:

Understanding the full scope of these damages is crucial in obtaining a fair settlement, underscoring the importance of working with an experienced food poisoning lawyer.

Filing a Wisconsin Food Poisoning Lawsuit

Several critical steps are involved in filing a food poisoning lawsuit in Wisconsin., including seeking medical attention, gathering evidence, and reporting the incident to the appropriate authorities. The process may seem overwhelming, but with the right guidance, it can be a manageable journey towards justice.

Acting promptly when suspecting food poisoning is vital. Early medical intervention not only aids in recovery but also enables the collection of vital evidence, such as stool cultures or other tests, to diagnose the condition.

Keeping detailed records of the illness, including time of day and symptoms, and saving all receipts or packaging associated with the suspected contaminated food can prove invaluable in building a strong case.

Types of Evidence Presented in Food Poisoning Lawsuits

The evidence presented plays a crucial role in food poisoning lawsuits in determining the outcome of the case. Some key pieces of evidence include:

  • Stool tests performed by medical professionals to confirm the presence of pathogens causing foodborne illness
  • Medical records documenting symptoms and treatment
  • Receipts or records of food purchases
  • Witness statements from individuals who also became ill after consuming the same food

These pieces of evidence serve as pivotal evidence in food poisoning lawsuits. If you suspect that you’ve fallen victim to foodborne illness, you have the option to reach out directly to the local health department or consult with a healthcare professional.

Moreover, keeping a record of the food consumed and requesting that the healthcare provider report the illness can help link the illness to a specific food or establishment. This information, coupled with the medical test results, can build a compelling case against the offending party.

Wisconsin Statute of Limitation

In Wisconsin, the statute of limitations for filing a food poisoning lawsuit is generally three years from the date of injury.

This legal rule sets a strict deadline, and if a lawsuit is not initiated within this three-year timeframe, the right to sue and recover damages may potentially be lost. Understanding this rule and its implications is vital in the pursuit of a successful legal case.

Related Articles:

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

Choose our lawyers

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

Get Your Free Consultation From Wisconsin Food Poisoning Lawyers

At Schmidt & Clark, LLP we’re committed to providing the support you need during these difficult times. If you or a loved one has suffered from food poisoning or a foodborne illness, reach out to us without delay. Our team is well-versed in handling such cases and will walk you through every step of the process.

It’s crucial to understand your legal rights and determine your eligibility for a lawsuit. We offer free consultations, and you will not incur any fees unless we secure a favorable result in your case.

Get in touch with Schmidt & Clark today for a comprehensive evaluation of your food poisoning case. Allow us to be your dependable partner in navigating this complex situation.

Reference:

  1. https://www.fda.gov/food/guidance-regulation-food-and-dietary-supplements/food-safety-modernization-act-fsma
  2. https://opentextbc.ca/foodsafety/chapter/causes-of-foodborne-illnesses/
  3. https://www.nhsinform.scot/illnesses-and-conditions/infections-and-poisoning/food-poisoning/

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.