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Types of Food Poisoning Cases
Here are some of the most common types of illnesses resulting from contaminated food that sicken millions of Americans every year:
- Campylobacter enteritis: This is one of the most common bacterial foodborne illnesses that is spread through improperly slaughtered or processed meat that is not properly cooked, according to the U.S. Centers for Disease Control and Prevention (CDC). You can also get it from consuming contaminated vegetables, unpasteurized milk, or water. Common symptoms include stomach cramps, fever, aches, pains, and an upset stomach.
- Escherichia Coli (E. coli): These bacteria are found in supply chain ground beef and on food items such as lettuce or spinach from grocery stores that were improperly cleaned or contaminated. Symptoms include bloody diarrhea, stomach ache, and nausea. In people with compromised immune systems, E. coli can result in hemolytic uremic syndrome (HUS), which can lead to kidney damage.
- Salmonella poisoning: Salmonellosis is another foodborne disease that can cause diarrhea, fever, and abdominal cramps 12 to 72 hours after the infection. The illness lasts four to seven days. Sometimes, the diarrhea can be so severe that the patient needs to be hospitalized.
- Listeria monocytogenes: Listeria monocytogenes is a serious bacterial infection that occurs in people who ate contaminated food such as fruits, meats, and cheeses. This type of food poisoning is at higher risk in the elderly, newborns, pregnant women, and those with weakened immune systems.
- Hepatitis A: This is a viral infection that affects the liver. These types of food-borne illnesses are usually spread when a person ingests fecal matter. Hepatitis A is often spread through food handled by someone who has not washed his or her hands properly after going to the bathroom.
- Norovirus: This viral infection can be transmitted through food contamination, water, or other infected persons. The virus causes your stomach and/or intestines to get inflamed. Common symptoms of severe cases include vomiting, diarrhea, nausea, stomach pain, kidney failure, and wrongful death.
Can I Sue for Contaminated Food in Las Vegas?
Establishments open to the average person owe a duty of care to provide food safety to the public, which includes ensuring the safety of the products offered. This includes people who recently ate food in businesses, such as hotels, casinos, and other establishments that provide food for sale.
Violating this duty of care constitutes negligence by at-fault parties according to Nevada law. Negligence in a personal injury lawsuit is linked to liability, or financial responsibility, for the damage and harm caused. In other words, if you become ill from food or beverage served to you in a casino, you may be able to recover compensation for the required medical treatment for food poisoning.
Determining negligence in a food poisoning lawsuit often involves several complex issues. First, if you ate in several different restaurants or places of business while in Las Vegas, determining which food caused the incident may pose difficulties without medical records and relevant evidence.
Second, any time lag between eating the contaminated food and the onset of symptoms may complicate identifying the responsible food in a negligence claim for food poisoning in Las Vegas. At times, food poisoning symptoms occur quickly, but they may also take longer. In addition, victims may not initially realize that the symptoms they experience are those of food poisoning.
Working with an experienced legal team in these practice areas can help with your legal options. We can investigate using several avenues.
First, we can track down any similar cases in Las Vegas and see if the victims ate at certain places. Second, government health agencies, such as the Food and Drug Administration (FDA), often issue warnings when significant outbreaks of food poisoning occur. Public warnings can help the defendant owed identify which food caused their symptoms.
In legal terms, food poisoning cases contracted from public places or businesses are the results of defective products. The businesses that served or offered these defective products that are negligent in terms of strict product liability, as long as the victim’s illness resulted from consuming the food.
Who is Liable in Food Poisoning Lawsuits?
Who can be held responsible when contaminated food causes serious illness or death? Consumers can bring a product liability lawsuit against the parties whose unhealthy business practices resulted in food poisoning. That could be:
- The farmer had unsanitary conditions on the farm, resulting in salmonella on food such as sprouts or cantaloupe
- The meatpacking company where unsanitary conditions contaminated meat with feces carrying E. coli
- The produce handler where unsanitary conditions transferred listeria monocytogenes bacteria to lettuce or staphylococcus aureus to cheese
- The food producer or government agency that failed to do quality tests or allowed one product to be contaminated by another product (for example, peanut or milk contamination)
FAQs
Can I file a lawsuit if I contracted food poisoning from a Las Vegas restaurant?
Yes, if you contracted food poisoning from a Las Vegas restaurant, you may be able to file a lawsuit against the restaurant for negligence. You can seek compensation for medical expenses, lost wages, pain and suffering, and other related damages.
What evidence is needed to support a food poisoning lawsuit in Las Vegas?
Evidence needed to support a food poisoning lawsuit in Las Vegas includes medical records documenting the illness, laboratory tests identifying the pathogen, receipts or proof of purchase from the suspected source of contamination, witness statements, and expert testimony linking the food to the illness.
What compensation might be available in a Las Vegas food poisoning lawsuit?
Compensation in a Las Vegas food poisoning lawsuit may include medical expenses, lost wages, pain and suffering, rehabilitation costs, and, in severe cases, compensation for long-term health effects or wrongful death.
Get a Free Lawsuit Review With Our Las Vegas Food Poisoning Lawyers
The Foodborne Illnesses Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial attorneys that focus on the representation of plaintiffs in lawsuits. Our Las Vegas food poisoning attorneys 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 contracted food poisoning in Las Vegas, NV, please contact our injury lawyers immediately with your name/phone for a free consultation. You may be entitled to recover financial compensation for medical treatment and medical bills by filing a strict product liability lawsuit and our injury lawyers can help. Phone a Personal Injury Attorney now toll-free at (866) 588-0600 or fill out the contact form below to get your free legal advice from a food contamination attorney.