Food Poisoning Prevention Basics
By Christie Nicholson, J.D. | Legally reviewed by Oni Harton, J.D. | Last reviewed November 14, 2023
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When someone tells you that they have food poisoning, there may be a voice in your head that thinks that can't be right. After all, you have enough common sense to avoid unsafe foods.
The truth is that most people need to learn more about food safety. There are many ways to get a foodborne illness. You don't control what happens to food before it reaches your refrigerator and pantry.
Consumers must trust that farmers, manufacturers, distributors, and retailers abide by the FDA's regulations regarding safe food processes. All it takes is one bad batch of fruit, vegetables, or protein, and hundreds of people can fall ill.
In this section, we will provide an overview of food poisoning and offer tips to keep you and your family safe. This article will also discuss special tips on how to stay safe while traveling and what to do if you learn of a food recall.
Whose Job Is It To Prevent Food Poisoning?
Ultimately, you're responsible for your food safety. However, every member of the food product supply chain must protect consumers from food poisoning and other foodborne illnesses. The same applies to farmers who grow the food and the grocery stores that sell it. It also includes end-use preparers such as restaurant and bar owners.
If you get sick from tainted or contaminated food, you may have a legal claim against the following:
- Grower
- Wholesaler
- Manufacturer
- Distributor
- Retailer
The correct party to sue in your case depends on which party caused the problem. For example, if you get sick from the juice you bought at the local convenience store and learn that the manufacturer didn't pasteurize it, you may have a claim against several parties. Your personal injury lawyer would have a potential claim against the following:
- The grower of the fruit that served as a base for the juice: Perhaps they were growing berries within a few feet of a cesspool, or allowed their cattle to do business on the soil where the farmer planted the fruit. Either could cause several types of food poisoning.
- The juice manufacturer: If the company manufacturing the juice had contaminated machinery, they may be liable for your injuries. A judge may order them to pay your damages if they fail to put a warning on the juice container, alerting consumers that the juice was non-pasteurized.
- The juice distributor: There's a chance the distributor delivered juice in non-refrigerated trucks. The fruit juice may spoil if not refrigerated.
- The convenience store owner: You don't know what the store owner did with the juice when it was delivered. They may have stored it somewhere that was hot or inadvertently opened a juice bottle that got put back on the shelves.
When you meet with your attorney, they'll review your case and let you know which parties to name in your initial civil complaint.
Types of Food Poisoning
There are many types of food poisoning. However, there are a few that are much more common than the others. These include E. coli, salmonella, norovirus, and listeria. All of these foodborne diseases can make you severely ill.
Thankfully, most people who develop food poisoning feel better within a few days. Others are not so lucky. There have been cases of food poisoning where victims spend weeks in the hospital. Some people have even died from foodborne diseases.
Let's discuss each of these types of food poisoning in a little more depth:
- E. coli: This bacteria is common with certain meats and vegetables. Cook your proteins to a safe internal temperature. You should also ensure you clean all utensils and countertops after preparing meat and thoroughly wash your vegetables before you cook them. This is especially true if you plan to serve raw vegetables.
- Salmonella: This bacteria is in poultry, eggs, and fish. Salmonella often comes from animal waste. To avoid a case of salmonella, it's crucial that you thoroughly cook these foods. Use a food thermometer to check the temperature of your dish before you serve it. Never eat any of these foods raw. People who eat raw eggs for diet purposes are at a heightened risk of contracting food poisoning.
- Norovirus: This is just a fancy word for the stomach flu. It's common for people on cruise ships and at resorts to develop norovirus. As long as you make common sense food choices and avoid other sick people, you should be safe.
- Listeria: This bacteria is dangerous for pregnant women, young children, and people with a weakened immune system. If you have a chronic medical condition, you must avoid foods containing listeria.
There are a handful of other types of food poisoning that Americans may be at risk of developing. These include, but are not limited to, the following:
- Shigella
- Campylobacter
- Astrovirus
- Ascaris lumbricoides
- Botulism
If you develop symptoms of food poisoning, it's wise to wait a few hours before jumping to conclusions. The symptoms of most types of foodborne illnesses resemble those symptoms of ordinary stomach bugs. For example, you may have an upset stomach or experience vomiting or diarrhea.
If you still feel sick after several hours, it's worth a trip to the emergency room to ensure you haven't contracted a severe illness.
Dangerous Foods To Avoid
It's easy to tell someone to use common sense when ordering, preparing, and eating foods and beverages. However, it's helpful to have a list of potentially dangerous foods. This is the best way to avoid the risk of food poisoning altogether.
Some of the foods you may want to avoid include the following:
- Leafy greens
- Mushrooms
- Raw food
- Dairy products
- Cold foods
- Ground meats
- Shellfish
- Soft cheese
- Hot dogs
You also want to be careful with perishable foods. If you leave food out at room temperature for too long, it can make you sick. If you aren't sure if a particular food can be dangerous, visit FindLaw's Dangerous Foods page.
Food Production Practices
Some specific regulations and laws govern food production processes. However, manufacturers and food preparers must also abide by industry practices. Even if a company complies with the FDA and Centers for Disease Control and Prevention (CDC) regulations and recommendations, that doesn't mean you can't get sick.
Every company must review its unique processes and practices to ensure they don't sell or market unsafe foods. They must also ensure their employees take the necessary precautions to avoid contamination and cross-contamination.
For example, workers in the food industry must wash their hands constantly. This is the only way to avoid the most severe cases of foodborne disease. They also have to practice good hygiene. Just as people can get sick from bacteria and animal viruses, the same thing is true for humans with unclean hands.
If a food company or restaurant doesn't follow safe protocols, people get sick and can even die. If you or a loved one develops food poisoning and you believe the food manufacturer or preparer is responsible, you can sue.
Buying Safe Food Products
Consumers can't know what goes on behind the scenes in the food industry. Thankfully, the FDA and food industry regulators keep a close eye on how various companies process their food products.
If a company violates these standards or regulations, the FDA, health department, and local inspectors can impose a fine on the company. The inspectors can also shut the company down until they fully comply.
At-Home Food Safety Tips
There are things you can do to protect yourself from food poisoning. Even if the food you purchase is safe, if you don't follow your set of safety rules, your friends and family could end up in the emergency room with a nasty case of food poisoning.
Some of the things you can do to avoid foodborne illnesses in your home include the following:
- Refrigerate all perishable foods until ready for use
- Thoroughly wash all fresh fruits and vegetables
- Cook all meat thoroughly and check the protein's internal temperature before removing it from the heat source
- Use hot, soapy water to wash all utensils, cutting boards, and countertops after use
- Do not serve raw food, especially raw meat
- Always use pasteurized milk and juices
- Practice handwashing throughout the food preparation and cooking process
Food Safety Tips for Traveling
Every year, the national news channels broadcast a story about hundreds of people contracting Norovirus on a cruise ship. There is no better breeding ground for bacteria and viral infections than planes, trains, automobiles, and cruise ships.
When you're traveling, you have to expect that chefs are preparing food for hundreds (or thousands) of people. The chances of cross-contamination are high. There's also a good chance the chef may miss a step or two and end up serving spoiled or contaminated food.
It would be unrealistic to suggest you prepare your meals while on vacation. However, there are a few things you can do to keep yourself safe. Tips for food safety while abroad via cruises and international travel include the following:
- Be careful when traveling in developing countries. These places may have different food processing regulations.
- Always stick to bottled water whenever possible. You should also keep showers brief and ensure you do not swallow any water while in the pool, shower, or at waterparks.
- Be curious, but do not eat foods that are served raw or undercooked. You don't know where the food has been. If you aren't familiar with a particular dish or protein, steer clear of it. For example, if you travel to Japan, they may serve blowfish or pufferfish in their restaurants and hotels. If not prepared correctly, this dish can be poisonous, even lethal. The same rule applies to all fish. Stay away from raw fish and meats, and you'll have a much lower chance of food poisoning.
- Avoid fresh fruit and vegetables unless you can thoroughly wash them. Depending on the fruit, you could contract a severe or even lethal case of food poisoning. For example, the Ackee fruit in Jamaica can cause Jamaican Vomiting Sickness. Stick to fruits that you're familiar with. You can also trust that the locals will tell you which fruits and veggies are safe.
The general rule regarding food safety while traveling is to use common sense. Stick to cooked food and avoid raw meat. This is true no matter where you may be.
Watch for Food Recalls
Food manufacturers, preparers, and retailers make mistakes. If a company learns that one of its products has made people sick or is contaminated, it must issue a recall.
You can always check online to see if there have been any recent recalls on food products your family uses. Visit Foodsafety.gov to see a list of food recalls. If you have recalled products in your home, throw them out immediately. You can always demand a refund from the store where you bought the items.
Suffer Food Poisoning? Get Legal Help
If you become ill after eating contaminated food or being exposed to harmful bacteria, you may have a claim for damages. If your illness requires you to spend time in the hospital, you will accrue significant medical bills. You may also miss time from work or, in severe cases, become disabled.
You must contact an experienced product liability attorney as soon as possible after your illness. They will review your case and let you know how best to proceed. Consult FindLaw's attorney directory to find a lawyer near you.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
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Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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