Personal injury cases have a subset known as food disease claims. Usually, they involve injuries that might be linked to eating foods contaminated with germs, toxins, viruses, or other pollutants.
Food poisoning symptoms can include nausea, vomiting, upset stomach, gastrointestinal diseases, dizziness, and other symptoms akin to these.
Foodborne sickness can be linked to several different parties’ negligence. These may consist of the following:
- Restaurant management and staff (chefs, cooks, waiters, servers, etc.)
- Companies that supply meals
- Pre-packaged food retailers
- Branches of grocery stores
- Suppliers of ingredients and food products
Injuries caused by food poisoning may be the fault of other parties. The laws of any specific jurisdiction may frequently determine this.
What Is a Foodborne Illness?
Any ailment brought on by eating tainted, perishable, or otherwise flawed food is referred to as foodborne illness or disease. Mishandled food might expose people to foodborne illnesses as well. The most frequent cause of foodborne illness is inappropriate handling, preparation, or storage of food, including the use of unclean cutlery during consumption.
It is crucial to remember that each state has very rigorous regulations regarding the hygienic standards that must be followed when food is prepared and served to the general public. Therefore, it is crucial to review the rules governing the handling, preparation, and safety of food in your area.
What Are Some Foodborne Illness Causes?
Once more, the introduction of food contaminants, such as chemicals or poisons, is the most frequent cause of foodborne illness. These food pollutants are often added during the food product’s production.
However, naturally existing agents, such as toxins in the food product itself, can also cause foodborne illnesses. For instance, most people are aware that preparing blowfish incorrectly can lead to food poisoning.
The steak that the plaintiff ate may have been undercooked by a chef. Another illustration is a chef who does not follow necessary food safety procedures, such as washing their hands before handling food. As an alternative, the meat might have been mishandled during storage, tainted by other foods, or infected at the factory of origin.
Another major contaminant that might lead to a food illness is bacteria. Bacteria are pollutants that spread when a food product is handled or prepared incorrectly. Most frequently, poor cleanliness on the part of the food preparer is what caused the bacterium. Salmonella and E. coli are two examples of typical foodborne germs.
The authorities are typically alerted when a foodborne illness manifests itself as a result of food contamination in order to stop a widespread outbreak. Following that, everyone connected to the food product is warned to take steps to stop the epidemic, such as recalling faulty food products.
Do Foodborne Illnesses and Food Allergies Differ?
Absolutely. A food allergy only affects those who have that particular food allergy; it does not impact the general population. Even if a food product is not contaminated, people with food allergies may exhibit disease symptoms. For instance, a person allergic to tree nuts will become ill from eating even uncontaminated items containing tree nuts.
On the other hand, because of the contaminated food product, foodborne illnesses are likely to affect all facets of the community. As a result, diseases transmitted through food may affect a larger portion of the populace.
The standard legal remedy for tainted goods is a damages award, which pays consumers back for the price of the food as well as their medical bills and other expenditures associated with their foodborne illness.
Which Injuries Are Linked to Foodborne Illnesses?
As was mentioned above, there are a variety of symptoms that can accompany foodborne infections. It is significant to remember that a specific bacteria is linked to numerous symptoms of foodborne illness. For instance, abdominal cramping is frequently associated with salmonella bacteria.
Digestive disorders, including nausea, upset stomach and cramps, diarrhea, and fluid loss, are some further examples of additional typical symptoms and harm brought on by food poisoning.
Fever-like signs, such as chills, headaches, fatigue, aches in the muscles, and joint and bodily pains, are also signs of foodborne infections.
More severe illnesses include kidney or organ failure, blood abnormalities because the contaminant enters the bloodstream through the colon, and Reiter’s syndrome, which causes joint pain, eye irritation, and uncomfortable urination.
What Are the Legal Recourses for Lawsuits Regarding Food Illness?
Naturally, this will depend on the nature of the injuries brought on by the food poisoning. A compensatory damages award for compensating for the victim’s losses may be part of the legal remedies in specific circumstances.
These kinds of legal remedies can pay for a variety of costs, such as medical bills, lost wages, and pain and suffering. A food disease lawsuit might also lead to a manufacturer or distributor recalling products.
The injured plaintiff could be entitled to bring a product liability claim if the food was distributed through the commercial market, such as grocery shops. Numerous incidences of foodborne disease involve faulty items that were widely dispersed into the market.
Recalls for food poisoning are frequently the subject of class action lawsuits for defective products. For instance, if listeria is found on the manufacturing equipment, a product like ice cream may be recalled from supermarkets.
Although the precise legal requirements for a faulty product claim vary by state, a consumer who was affected by a defective product often needs to show the following to succeed in their civil action against the entity that caused them harm:
- The food product was defective when it was consumed
- The defect caused the product to be unreasonably dangerous to the consumer
- The defect was foreseeable (i.e., predictable) by the seller, and
- The seller was under no obligation to sell or manufacture the food product in a way to meet the ordinary expectations of average consumers.
Even if I Have a Food Allergy, Can I Still File a Food Illness Claim?
If a person already had a food allergy yet continued to consume the offending item, they may not be eligible for damages in specific circumstances. For instance, if someone purchased a dish knowing it contained almonds while being aware of their allergy to the nut, they probably wouldn’t be successful in suing the restaurant.
Imagine, however, that the same customer told the restaurant that they were allergic to almonds and that they shouldn’t be served any dishes that contained almonds. If the restaurant ignored this request and the patron suffered harm as a result, the business might be held responsible for any food-related illnesses or accidents.
Therefore, when dealing with food disease claims and lawsuits, discussion regarding food sensitivities is frequently crucial.
Do I Need an Attorney to Handle My Food Illness Claim?
Claim submission for cases of food poisoning can sometimes be difficult and complicated. It may include the interaction of a wide range of legal principles and injury-related information. A personal injury attorney should be retained right away if you require legal aid with a food poisoning claim.
Your lawyer can help you submit a claim so that you can seek compensation for your losses. Additionally, if necessary, your attorney can represent you in court during the proceedings. Use LegalMatch to find the right attorney for your needs today.
