Food Poisoning Lawyer

When you indulge in a meal from a favorite restaurant, you never expect it to lead to food poisoning. Yet, staff or suppliers’ improper food handling or sanitation practices can lead to unsafe foods. The Centers for Disease Control and Prevention estimate there are as many as 47.8 million foodborne illnesses per year, with over 127,000 hospitalizations [1].

Many of these cases will lead to minor stomach irritation and gastrointestinal upset. Others, however, may lead to more severe long-term injuries. With the right legal assistance representing you, you may be able to recover damages from the negligent party, and Rosenfeld Injury Lawyers is ready to help you with that. 

Common Sources of Contaminated Food

Some of the most common sources of contaminated food include the following:

• Employee error: Employee error can lead to food poisoning, including failing to meet appropriate safety standards or cooking foods thoroughly.
• Cross-contamination: Cross-contamination involves the transfer of raw foods. For example, handling raw oysters and then cutting raw fruits without washing in between can transfer bacteria.
• Pest infestation: Pest infestation in or near food preparation can lead to unsafe food with a higher risk of food poisoning. Food facilities that don’t take proper pest prevention or removal steps could be liable.
• Faulty transportation: If care isn’t taken to store foods during transportation properly, it could lead to an unsafe food supply. Improper raw material handling or packaging can also lead to different types of food poisoning.
• Warehouse contaminants: Foods can become contaminated when stored in the warehouse. This may include environmental or food processing contaminants. For example, canned vegetables may be subject to contamination.

Liability in a Food Poisoning Lawsuit

When food poisoning occurs, a number of people can be liable, including the following:

• Food producers: Food producers, such as farmers or butchers, could be liable if they don’t follow proper food safety protocols.
• Restaurant staff: Restaurant staff who fail to cook foods to the proper temperature or wash hands when handling food ingredients may be liable when food poisoning outbreaks occur. Storing food improperly or cross-contaminating could also make the restaurant staff liable. The restaurant owner could also be liable if they fail to train staff properly.
• Catering company: Catering companies that don’t follow proper food safety regulations may be responsible if that food causes food poisoning. Improper transportation of food items, serving expired foods, cross-contamination, or failing to store foods properly could deem a catering company liable.
• Food supplier or manufacturer: Food suppliers or manufacturers can be liable if they don’t meet the state and federal minimum standards for producing and storing foods.

Common Types of Foodborne Illness

The Food & Drug Administration (FDA) and American Medical Association (AMA) report that most food-borne illness cases are due to one of the following types:

• E. Coli: E. Coli is a common bacteria present in the human intestines and a leading cause of food poisoning. Some forms of E.Coli can be dangerous and are most commonly found in contaminated water or food, especially unpasteurized milk or juices.
• Norovirus: Norovirus is a group of illnesses that causes gastroenteritis and stomach cramps and is one of the most common sources of foodborne illness. 
• Salmonella: Salmonella bacteria can cause either Salmonellosis or Enteric Fever, both of which are illnesses caused by food products or contaminated water. Common sources of salmonella include undercooked meat products, eggs, fruits, and vegetables.
• Campylobacter: Campylobacter is a bacteria found in contaminated water, unpasteurized milk or cheese, and undercooked eggs or seafood.
• Hepatitis A: Hepatitis A can be transferred through contaminated food and water. Common sources of Hepatitis A include shellfish and salads with leafy greens.
• Listeria monocytogenes are less common but still a threat. They are most commonly found in unpasteurized raw milk and cheese.

Most of these foodborne illnesses can be prevented by practicing safe food handling and washing hands regularly [2]. Some types of food, including raw vegetables, refrigerated foods, and meat, are also more prone to contamination.

Common Symptoms and Long-Term Effects of Food Poisoning

Foodborne illnesses may present with the following symptoms:

• Diarrhea
• Stomach pains or cramps
• Nausea
• Vomiting
• Fever

Additionally, some of these symptoms may be long-term, regardless of whether or not you receive treatment. Additionally, more severe forms of food-borne illness are possible and may lead to the following:

• Meningitis
• Kidney damage
• Hemolytic uremic syndrome (HUS)
• Arthritis
• Brain or nerve damage

The Centers for Disease Control and Prevention reports that as many as 3,000 people die each year from food-borne illnesses [3]. 

Some populations are also at an increased risk of food poisoning. Children and elderly adults are more susceptible to food-borne illnesses. 

Pregnant women are also at an increased risk of foodborne illness due to a weakened immune system, accounting for as many as 50% of annual listeriosis cases [4]. Pregnant women may experience miscarriage, stillbirth, preterm labor or preterm birth, or low birth weight after developing food poisoning.

The Role of a Lawyer in a Food Poisoning Claim

Pursuing a food poisoning lawsuit may be an option if you believe another party is responsible for serving or selling you contaminated food.

Here are a few ways our food poisoning attorneys can help with your case:

• Gather evidence: Evidence is crucial to the success of your case. Gathering sufficient evidence to identify liability in a foodborne illness case isn’t always easy.
• Negotiate with the insurance company: Let your law firm manage negotiations on your behalf while you focus on recovering. A food-borne illness can lead to ongoing symptoms that may require medical treatment.
• Review settlement offer: Our law firm will review any settlement offers you may receive, comparing them to the value of your case.
• Represent you in court: Many food poisoning cases are settled outside of court. However, if any settlement offers you receive don’t cover your medical bills and other damages, our law firm is prepared to represent you in court.

Our personal injury lawyers work to demonstrate the four important elements of a personal injury case. 

We will work to demonstrate the restaurant or caterer’s duty to you and compile evidence showing how they failed in that aspect. We will also gather the necessary evidence to prove your harm or injury from foodborne illness, connecting how and for what you should be compensated.

How Much Are Food Poisoning Lawsuit Settlements Worth?

Compensation available in food poisoning cases depends on various factors, including severity and types of damages. There is no set amount of compensation you can expect from a lawsuit. Here are a few things your lawyer will consider when calculating the value of your case.

Severity of Injuries

Your settlement amount will depend on the severity of the injuries and their impact on your daily life. Food poisoning may lead to minor inconveniences like diarrhea and nausea for some. Others, however, may experience more serious, life-threatening injuries, like meningitis or arthritis. The severity of your injuries and how they impact your future will significantly affect the value of your case.

Types of Damages

Food poisoning victims may experience economic and noneconomic costs. Injured food poisoning victims can recover the following types of damages:

Economic Damages

Economic damages are the financial costs that may occur following food poisoning. Common damages include medical treatment expenses, hospitalization costs, lost wages, or diminished earning capacity if you cannot work.

Non-Economic Damages

Non-economic damages are the non-financial aspects of personal injury claims. Common non-economic damages in a food poisoning case may include pain and suffering, emotional distress, and diminished earning capacity.

Punitive Damages

While less common, punitive damages are sometimes available in food poisoning cases. These damages are in addition to economic and non-economic damages and are designed to punish the supplier or manufacturer for gross negligence or misconduct.

Certainty of Liability and Proof of Negligence

Establishing liability is an important part of a personal injury case. If you were served undercooked beef or raw meat at a restaurant and later developed food poisoning, you may no longer have the evidence. Many food poisoning victims may not even know the cause of their symptoms but may suspect food poisoning.

Some evidence is necessary since your lawyer must prove the responsible party was negligent or reckless. Proof of negligence may include the contaminated food, photos or videos of the staff not properly handling the food, or copies of your medical records.

When it comes to proving food poisoning, you need a personal injury law firm with experience handling these case types. Your legal team will evaluate your legal recourse options and help determine the best legal route.

What You Should Do After Getting Food Poisoning

Understandably, most people are focused on their health and well-being after the start of food poisoning symptoms. However, taking certain steps can help protect your legal rights if you decide to pursue compensation later.

Get Medical Attention

Receiving medical attention following common symptoms of food poisoning is crucial. While many cases of food poisoning may lead to only minor stomach cramps, others can be more serious. Prompt treatment can help minimize the severity of your symptoms. Also, medical records and proof of food poisoning may be important to your case.

Gather Evidence

If possible, gather any time-sensitive evidence that may not be available later. For example, if you still have access to the contaminated food, try to hold on to it. You might also capture photographs or videos of improper food handling. Witnesses can also be helpful if others can attest to the food safety protocols.

Contact a Food Poisoning Lawyer

Contacting a food poisoning lawyer can help protect your legal rights after suffering damages from a foodborne illness. A personal injury lawyer can help collect necessary evidence, consult expert witnesses, and negotiate a fair settlement covering your expenses. Our food poisoning lawyers will help you navigate your claim from start to finish.

File a Complaint

Report the suspected cause of food poisoning to the local health department. This could help protect others from being exposed to the contaminated food supply. Your lawyer can also help report the case to the appropriate department. An official health department report could also be beneficial to your case.

Time Limits for Filing a Food Poisoning Lawsuit

Generally, the time limit for filing a food poisoning case lawsuit is two years from the date of the incident, although this can vary depending on the jurisdiction. 

It’s also important to note that the timeline for food poisoning lawsuits may vary depending on the case type. Defective products may warrant a product liability claim, which is limited to two years from the date of the injury. Eligibility for food poisoning lawsuits is also limited to two years for wrongful death cases.

It can take time for your legal team to compile the necessary evidence to show liability. It’s best to contact a food poisoning lawyer as soon as possible to begin exploring your legal options. 

The Cost of Hiring a Food Poisoning Lawyer

The cost of hiring food poisoning lawyers depends on many factors, including the details of your case. Rosenfeld Injury Lawyers understands the financial challenges that may occur following a foodborne illness. That’s why we offer a contingency payment plan, which means you don’t pay anything for legal representation unless we win your case.

Contact a Food Poisoning Attorney Today!

Call us today at (888) 424-5757 or fill out our online form.

Resources: [1] Centers for Disease Control, [2] Food & Drug Administration, [3] Cleveland Clinic, [4] March of Dimes