Food Poisoning and the Law
Most people have had food poisoning at least once in their life. Although food poisoning can be a fairly common occurrence, it may provide a basis for a legal claim if you've suffered from a foodborne illness. Each case is different and depends on the details of your situation. Read on to learn more about food poisoning and the related legal claims that can arise.
What Is Food Poisoning?
Food poisoning occurs when food that's consumed contains bacteria or a virus. The bacteria can contaminate the food in a variety of different ways including:
- If the food is prepared by someone with unclean hands
- If the food is prepared with unclean cooking utensils
- If meat is undercooked
- If fish, oysters, or fruits are raw
- If foods aren't stored at a proper temperature
Symptoms of food poisoning can begin anywhere from two to six hours after eating the food and can last up to 48 hours. Symptoms usually include fever, headache, vomiting and nausea, and weakness. The best way to treat food poisoning is to refuel your body with fluids, as dehydration is likely.
Is It Hard to Prove Food Poisoning?
While it may not be difficult to prove that you have food poisoning, it often is difficult to prove who was responsible, because it may be hard to trace to exactly what it was that caused you to become ill. To bring a successful claim, you must show that the food you ate was contaminated, and that it was that same contaminated food that made you ill.
Much of the time it's difficult to determine whether the food you ate was contaminated because it is hard to pinpoint what exactly made you sick. This is even more of a battle if there has been a time delay between eating the food and exhibiting symptoms. However, it's easier to prove if many other people have come down with food poisoning by eating the same contaminated food.
Liability for Food Poisoning
Not all personal injury cases arising from food poisoning are the same, but most of these cases fall under a "product liability" legal theory, making food poisoning cases similar to cases involving injury from a defective product. In other words, the contaminated food is the defective product that was sold to you and injured you by causing food poisoning. This would be known as the strict liability theory.
Other legal theories of product liability include negligence and breach of warranty. For example, the restaurant could be liable for negligence if it didn't act reasonably to provide a safe environment with safe food. In a breach of warranty case, there is usually the notion that a product will meet the expectations of an ordinary buyer. Clearly, an ordinary buyer would not expect their food to be contaminated, so if it is, then they may have a legal claim.
- Checklist: Information and Documents to Collect for Your Lawyer After an Injury
- Sample Form: Medical Records Release
- Health and Medical Help
Learn More About Food Poisoning and the Law From a Lawyer
If you or someone you know has suffered from food poisoning and you think you may be able to trace the cause of it, an attorney can provide you with more information about your legal rights. Get started by contacting a local products liability attorney today.
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Contact a qualified product liability attorney to make sure your rights are protected.