Food poisoning happens fairly frequently. Some viruses and bacteria that are associated with food poisoning include E. Coli, salmonella, hepatitis, and botulism. It can happen when food is prepared with unclean utensils or hands, when meat is undercooked, when foods are improperly stored, or when seafood or fruit is raw. If a restaurant or food distributor is responsible for serious food contamination, it may be possible to bring a products liability lawsuit with the assistance of a food contamination injury lawyer. If you suffer substantially and incur medical bills or need to take time off work, you should consult the experienced products liability attorneys at Moll Law Group. We represent people nationwide in asserting their rights to compensation.Establishing Liability for Contaminated Food
Symptoms of food poisoning, such as fever, vomiting, or headaches, may start between two and six hours after eating contaminated food and may last for two days. If your symptoms are serious, you should seek medical care. You may be able to recover damages for harm arising out of food contamination.
To prove a food contamination lawsuit against a manufacturer or another entity in the chain of distribution, you will need to show that the defendant created or shipped the contaminated food, the defendant caused the contamination or failed to use reasonable care to prevent contamination, you ate the food and became sick because you ate it, and a doctor diagnosed you with food poisoning based on the contaminated food.
Theories under which you may be able to recover damages include negligence, strict liability, and breach of warranty. In a negligence case, you will need to show that the defendant caused the food poisoning by breaching the applicable standard of care, thereby causing you actual damages. For example, a restaurant may breach its duty to use reasonable care by storing food in an unsanitary manner. Causation can be a difficult element to prove in negligence cases, since food establishments may argue that it was other food and not their food that caused the injuries or health problems. A doctor should be consulted immediately in a case of serious food poisoning.
In strict liability cases, your food contamination injury lawyer will need to prove that the contaminated food was defective and unreasonably dangerous and that its defective nature caused your illness or injuries. In a strict liability case, it does not matter if the defendant used reasonable care. Instead, a manufacturer and anyone in the chain of distribution, such as a distributor, retailer, or wholesaler, may be liable for selling the food even if it took every precaution.
In some states, you can potentially recover damages under a theory of breach of warranty. Warranties may be express or implied. In most states, there is an implied warranty that a particular product will conform to expectations and meet minimum quality standards.
If you successfully prove a food contamination case, you may be able to recover compensatory damages. These often include medical bills, lost income, out-of-pocket expenses, and pain and suffering. When contaminated food causes death, close family members of the decedent may be able to bring a wrongful death case against the manufacturer and possibly others in the chain of distribution.Explore Your Options with a Knowledgeable Food Contamination Injury Attorney
The injury lawyers at Moll Law Group can provide knowledgeable representation to consumers throughout the U.S. Billions of dollars have been recovered in cases in which we were involved. Moll Law Group can assist consumers in states such as Florida, California, Texas, New York, Pennsylvania, Ohio, and Michigan. Call us at 312-462-1700 or use our online form to arrange a free consultation with a food contamination injury attorney.