Can You Sue for Food Poisoning?
Foodborne illnesses can be fatal. Listeriosis is a bacterial infection that usually happens when people eat contaminated food. The Center for Disease Control estimates 1600 listeriosis infections and 260 deaths in the US annually.Â
Individuals who got sick after eating contaminated food from a restaurant, grocery store, or manufacturer can sue for negligence, product liability, or warranty breach. Proving food poisoning is difficult since it requires linking the contaminated food to your illness.
According to food poisoning attorney Christian R. Ayers, food poisoning victims who want to pursue legal action can consult a personal injury attorney who specializes in food poisoning cases to have their case evaluated. They will check whether you possess sufficient evidence and provide guidance on whether to file an individual lawsuit or participate in a class-action lawsuit.
This article will look at the legal aspects of food poisoning claims, the evidence required, and how to determine if you have a strong case.
Understanding Food Poisoning and Its Causes
Eating or drinking food contaminated with harmful bacteria, viruses, or parasites can cause severe food poisoning. Contamination can occur when food is undercooked or not washed properly. Food poisoning can result in nausea, vomiting, diarrhea, and abdominal cramps.
Handwashing and thorough cooking can help prevent food poisoning. Cross-contamination can occur more quickly in a dirty kitchen.
If symptoms are severe, consult a doctor. Understanding how foodborne diseases spread allows you to avoid consuming contaminated foods.
Legal Grounds for a Food Poisoning Lawsuit
If others’ negligence caused foodborne illness, you are entitled to file a lawsuit. Not taking reasonable steps to maintain food safety is negligence. In a food poisoning lawsuit, you are required to demonstrate that the negligence of the other party caused your disease.
Your evidence, such as hospital bills or salmonella test results, can support your claims and strengthen your case. Research will help you determine what laws and provisions apply to your case.
Attorneys can advise you on the best course of action to take to achieve a favorable outcome.
Types of Damages You Can Recover
Food poisoning may cause damage to your nerves and arteries.
In some cases, food poisoning prevents you from working. You could claim damages for hospital, medication, and medical procedure costs and lost wages.
Victims can sue for physical and emotional pain and suffering.
The jury can impose financial penalties for severe carelessness or intentional harm.
Also included is any other money lost due to illness. Include child care costs elsewhere. The court will also take into account other money lost due to illness caused by food poisoning. If food poisoning prevents a parent or guardian from caring for their child, they can seek payment for the cost of child care services.Â
A skilled food poisoning lawyer will see to it that every type of damage is accounted for.
Steps to Take After Suffering From Food Poisoning
Immediately seek medical treatment once symptoms of food poisoning appear.
Include dates, times, and food types when recording symptoms. These details can be used by your lawyer later, especially if you decide to file a legal case.
Stay hydrated and follow your doctor’s treatment plan.
Report the incident to your county health department to check for an outbreak. Call the restaurant where you suspect the food contamination occurred and inform them of what happened.
Consult an attorney and seek legal advice on the best next steps to take. Pick what’s best for your health and help you through the problem.
The Role of Evidence in Food Poisoning Cases
You need solid proof to support your food poisoning claim. To create an exposure timeline, record your illness’s symptoms and onset date.
Gather medical records, including doctor visits, test results, and treatment details. Take a picture of the food you suspect caused the poisoning.Â
If possible, obtain statements from witnesses who may have seen the events leading up to the incident.Â
Once notified, your local health department can begin investigating the food poisoning incident. Research similar cases and try to find how the evidence from these cases led to the settlement of the case.
Presenting credible and valid evidence aids in proving liability and recovering compensation for health-related damages.