3 Theories of Liability in Food Poisoning Cases

3 Common Types of Liability in Food Poisoning Cases

The most important responsibility your food poisoning attorney has is establishing liability. There are 3 common ways in which food poisoning can occur: negligence, strict product liability, and breach of warranty.

1. Negligence

Food safety negligence is one of the leading causes of food poisoning illnesses in the United States. According to the FDA, about 48 million people — or 1 in 6 Americans — get sick and 128,000 are hospitalized each year in the U.S. Sadly, foodborne infections kill about 3,000 people annually.

When a food manufacturer or food preparer’s negligence causes a food poisoning illness, they may be liable for the injury. Victims of food-related illnesses may be able to pursue compensation by filing a lawsuit. In these cases, the plaintiff must prove that the defendant’s negligence or intentional wrongdoing caused the food to become contaminated and resulted in the plaintiff’s illness.

2. Strict Product Liability

Many food poisoning claims fall under the products liability area of personal injury law, since food is technically a type of product which is sold to a consumer, who may be harmed if it is contaminated or otherwise defective.

Depending on the state in which you are bringing the claim, you may be able to argue that the manufacturer or distributor of the food should be strictly liable. This means that you only need to show that the food was contaminated and that you got sick as a result.

3. Breach of Warranty

Consumers have a reasonable expectation that the food they purchase will not be contaminated, and be safe to eat. This can legally be considered an implied warranty. A breach of this warranty means that those responsible for the production, manufacture, and distribution of the tainted food can be held responsible for your injuries.

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FAQs

Can food poisoning cases lead to class action lawsuits?

Yes, food poisoning cases can lead to class action lawsuits if multiple individuals are affected by the same contaminated food product. This allows plaintiffs to pool resources and pursue claims collectively.

What role do health departments play in food poisoning cases?

Health departments investigate outbreaks, trace the source of contamination, enforce food safety regulations, and provide crucial evidence in food poisoning lawsuits. They may issue recalls and fines to prevent further harm.

How does a breach of express warranty differ from a breach of implied warranty in food poisoning cases?

A breach of express warranty involves specific promises made about the product’s safety, while a breach of implied warranty refers to the basic expectation that the food is safe for consumption and free from contamination.

What is the significance of recall notices in food poisoning lawsuits?

Recall notices can serve as evidence of a defect and show that the manufacturer acknowledged a problem with the product. They help establish liability and can strengthen the plaintiff’s case.

Get a Free Lawsuit Evaluation With Our Attorneys

The Food Poisoning Litigation Group at our law firm is an experienced group of trial attorneys that focuses 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 someone you know has experienced symptoms of food poisoning, please contact our lawyers immediately for a free consultation. You may be entitled to compensation by filing a lawsuit and our experienced attorneys can help. Phone a lawyer toll-free at (866) 588-0600 or fill out the contact form below to get your free legal advice from a food safety attorney.