Published by You may be entitled to compensation for medical bills and medical expenses by filing a food contamination lawsuit and a personal injury lawyer can help.
Please fill out the legal contact form with your name/phone for a free confidential personal injury claim or call a personal injury attorney toll-free 24 hrs/day by dialing (866) 588-0600.
Table Of Contents
- Why is it So Hard to Prove Food Poisoning?
- What Do I Do if I Got Food Poisoning From a Restaurant?
- Should I Let the Restaurant Know About My Food Poisoning?
- Food Poisoning Liability
- How Much are Food Poisoning Cases Worth?
- Do You Qualify for a Food Poisoning Lawsuit?
- FAQs
- Get a Free Food Contamination Lawsuit Evaluation With Our Attorneys
- Reference:
Why is it So Hard to Prove Food Poisoning?
While it may be easy to establish that you have food poisoning, it is often difficult to prove who was responsible because tracing exactly what it was that caused you to become ill can be tricky.
To file a successful claim, you must show that the food you ate was tainted and that it was that same contaminated food that got you sick.
What Do I Do if I Got Food Poisoning From a Restaurant?
If you think you got food poisoning or an allergic reaction to food from a restaurant, the first thing you should do is contact your healthcare provider.
If it’s an emergency, call 9-1-1 immediately. You should then contact your county or city health department.
If it is determined that your illness was caused by a restaurant’s food, you may then wish to contact a food poisoning lawyer in order to receive compensation for your injuries.
Should I Let the Restaurant Know About My Food Poisoning?
If you believe you got food poisoning from a restaurant meal, health authorities advise you to alert the establishment and call the health department of the county where the restaurant is located.
To file a report with the health department, you should know the name and location of the restaurant and the date and time of your visit.
Food Poisoning Liability
Not all food poisoning cases are the same, but the majority of these cases fall under a “product liability” legal theory, making food poisoning cases similar to cases involving a defective product.
In other words, the tainted food is the defective product that was sold to you and caused your injuries. This is known as strict liability theory.
Who is the Liable Party?
In most cases, a restaurant or other establishment where the contaminated food was purchased would be liable for an illness under that state’s negligence laws [1].
A customer who developed an illness from restaurant food needs to prove negligence on the part of the establishment or its employees.
How Much are Food Poisoning Cases Worth?
Severe cases of food poisoning require intense medical treatment which could total thousands of dollars in medical bills. According to the Food and Drug Administration (FDA), medical costs for foodborne illnesses top $83 billion annually in the United States.
Do You Qualify for a Food Poisoning Lawsuit?
You may qualify for a food poisoning lawsuit if:
- You consumed food that was contaminated
- You developed symptoms of food poisoning within the expected timeframe for the particular pathogen
- You sought medical treatment for your illness
- Your illness was diagnosed and can be linked to a specific food source
- You have medical documentation of your illness and treatment
Evidence Required for a Food Poisoning Lawsuit
To successfully prove a food poisoning case, you’ll need:
- Medical records documenting your diagnosis and treatment
- Food receipts or proof of purchase
- Leftover food samples (if available)
- Witness statements from others who ate the same food
- Health department reports confirming an outbreak
- Documentation of your financial losses due to the illness
Damages You Can Recover
In a successful food poisoning lawsuit, you may be able to recover compensation for:
- Medical expenses for treatment and hospitalization
- Lost wages due to time off work
- Pain and suffering experienced during your illness
- Long-term medical costs for ongoing complications
- Punitive damages in cases of gross negligence
Related Articles:
FAQs
1. How Important Is Timing in Proving Food Poisoning?
Timing is crucial. Seek medical attention as soon as symptoms appear, as immediate diagnosis and treatment can link the illness to the specific contaminated food.
2. Can Witnesses Help Prove Food Poisoning?
Yes, testimonies from others who consumed the same food and experienced similar symptoms can support your claim.
3. What Role Does the Health Department Play?
Reporting your illness to the local health department can trigger an investigation, potentially confirming an outbreak linked to a specific food source.
Get a Free Food Contamination Lawsuit Evaluation With Our Attorneys
The Food Poisoning Litigation Group at our law firm are experienced food poisoning trial attorneys that focus on the representation of plaintiffs in food poisoning cases.
We are handling individual personal injury cases nationwide and currently offering a free consultation to potential clients in food poisoning cases in all 50 states.
If you or another person you know has experienced symptoms of food poisoning, please contact our contaminated food lawyers immediately with your name/phone for a free consultation.
Phone a Food Poisoning Lawyer near me now toll-free at (866) 588-0600 or fill out the contact form below to get your free legal advice from a food safety attorney.
Reference:
- https://onlinesciencepublishing.com/index.php/gjss/article/view/505/1071