Who is Liable for my Damages if I Suffer from Food Poisoning?

Monday, December 11, 2017

 Who is Liable for my Damages if I Suffer from Food Poisoning?

Food poisoning can come in many forms. E.Coli, Norovirus, Listeria, and Salmonella are just a few of the types of bacteria that can cause a victim to become ill after eating contaminated food. In many cases, tracking a food poisoning illness’ cause is difficult or even impossible. But when a case of food poisoning can be tracked to a specific party and linked to that party’s negligence, the victim may recover compensation for his or her damages through a personal injury claim.

Food poisoning can only be definitively diagnosed by a physician. Many individuals experience symptoms like vomiting, nausea, and diarrhea without realizing that they are the result of food poisoning. Others recognize these symptoms and can link them to specific meals, but do not seek medical attention because they are not severe enough to warrant it. In most cases, food poisoning symptoms subside within a week.

The Food’s Manufacturer Could be Liable

When contamination occurs at the farm, processing, or packaging point in the food’s journey to your plate, its manufacturer could be liable for your damages. A food manufacturer could be the company that creates the food and packages it, as is the case for many shelf-stable and packaged goods, or it could be a produce company that grows and harvests the food, then ships it to distributors to be resold to food vendors like restaurants, grocery stores, and contracted food service providers for institutions like prisons and schools.

The distributor, if different from the manufacturer, could also be liable for your damages if the contamination occurred because of its negligence.

A Restaurant or Food Retailer Could be Liable for your Damages

If you became ill because of a restaurant’s failure to safely handle and prepare food, the restaurant could be liable for your damages. This is also true if you became ill after eating at a catered event.

When a food product is recalled, grocery stores should remove it from their shelves. In a case where the retailer failed to remove a recalled product, the retailer could be liable for the victim’s damages.

Determining the Liable Party in your Food Poisoning Case

Once you have determined that you suffered from food poisoning, you must determine its cause in order to file a personal injury claim. If you suspect that a specific food or meal was the culprit, ask your dining companions at that meal if they experienced any of the same symptoms. Check local reports to determine if others experienced food poisoning symptoms after consuming the same product you consumed and be sure to look for information about current food poisoning outbreaks from the Centers for Disease Control and Prevention. Even if you do not file a personal injury claim, report your illness to your local health board and the CDC. You could provide crucial information to a current investigation and protect others from becoming ill.

Draper Law Office Can Help you Pursue your Food Poisoning Claim

If you or your child have suffered from a type of food poisoning because of another party’s negligence, you could be entitled to recover monetary compensation for your damages through a personal injury claim. Learn more about filing this type of claim during your free, no-obligation consultation with a member of Draper Law Office. Call us today at (866) 767-4711 or visit our firm online to get started.


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I was referred to Draper Law by my father in-law after being hit from behind in an auto accident. I didn't realize, at the time, what an important decision I was making by hiring a personal injury attorney to represent me. Charles Draper took the time to explain the process and what I could expect. His professional team was there for me every step of the way through a long, and often complicated, legal experience. I just want to express my sincerest gratitude for all the efforts that were taken by Charlie and his team on my behalf in obtaining a settlement on my case.