You may be entitled to recover compensation, if you or someone you know has been injured in a food poisoning situation. Food poisoning lawsuits may allow you to recover compensation to assist you with moving on with your life after a serious incident. Outbreaks of food related illnesses and food poisoning seem to make headlines, at least several times a year. A number of very popular restaurants have, unfortunately, been in the spotlight as a result of food poisoning situations.
If you have been made ill by food poisoning, you may wonder whether or not you have grounds for a legal case. This depends on the particular circumstances of the illness and injuries you sustained. It can make it difficult to pinpoint the food that made you sick because of time delays between eating food and the onset of illness. In situations in which a government health agency has already linked a particular food that you have eaten to a food poisoning outbreak, it may be easier to file a claim.
There are serious challenges associated with food poisoning cases, particularly as it relates to determining the timeline for sickness and the actual food that made you sick. One of the most important things you can do to protect yourself is to get medical attention for your illness, report all recently eaten foods to the doctor, and then consider consulting with an attorney. These cases can be complex, and having all the information upfront can make things easier should you choose to move forward with a legal case.
Liability in Food Poisoning Cases
Food poisoning lawsuits will typically fall under the umbrella of defective products liability claims. Many different states have adopted strict product liability laws which remove your responsibility for having to show that a supplier or manufacturer of a contaminated product was not careful in distributing or making that product. This is a big advantage to you, should you choose to move forward with a case.
In many states you may also be able to argue that defendants acted negligently in supplying or manufacturing a contaminated food product. Furthermore, you may also in some circumstances be able to pursue a breach of warranty claim.
Proving Your Claim
One of the biggest challenge in food poisoning lawsuits is actually proving your claim. This begins by hiring an experienced defective product attorney who has a background on handling these kinds of complex cases. The right lawyer can make a significant impact on the outcome of your case.
There two primary things that you need to illustrate in order to win your lawsuit. The first is that you must be able to show that the food that you ate was indeed contaminated and the second issue is that you must show that this contamination made you sick. You will need to identify the specific food product that made you sick.
If there is any time delay between eating contaminated food and being afflicted with the symptoms of food poisoning, it may be challenging to determine specifically what it was that made you sick. In situations in which a government health agency, however, has already done the research and received reports and have identified that a specific food has led to food poisoning outbreak, it will be much easier to pursue a claim.
Liability in Food Poisoning Cases
Any and all parties who are involved in a chain of distribution may be named in a defective product food poisoning case. You will need to trace the contamination to the source and anyone who has been involved in the chain of distribution of a food product or at or following the point of contamination could be held liable. The right investigation conducted early on in the case is imperative for success in food poisoning cases.
There are many different individuals who may be found in the chain of distribution of a food poisoning case, including a retailer, the food processing company, wholesalers, suppliers, and any distributors. If you are one of a large number of victims who has been afflicted by food poisoning case, you may be eligible to pursue a class action lawsuit. Consulting with an experienced attorney is strongly recommended if you find yourself in this situation.