Foodborne Pathogens Lawyers
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Foodborne Pathogens Lawyers
A foodborne illness is caused by a pathogen such as bacteria in contaminated, mishandled, or expired food. The food acquired the pathogens because it was improperly prepared, stored, or handled. The pathogens can also be found on silverware and dishes. When a person consumes foodborne pathogens, they can experience symptoms such as:
- Gastrointestinal disorder
- Loss of weight
Can I Sue If I Became Sick Because of Contaminated Food?
Yes. The company or individual who caused the pathogens to be present in the food or on a plate or cutlery is usually liable based on the negligence theory. To prove negligence, a plaintiff needs to show:
- The defendant had a duty to the plaintiff not to harm them
- The defendant breached that by serving contaminated food to the plaintiff
- The defendant was both the actual cause and the proximate cause of the plaintiff’s injury
- The plaintiff suffered an injury that led to damages, such as medical bills and lost wages
Who Can I Sue for Causing My Foodborne Illness?
Food products typically change hands numerous times prior to being served to the consumer. Thus, many parties can be liable, such as:
- The entity that provided the food, such as a restaurant or a catering company
- The staff of the food provider, such as cooks and waiters
- Food distributors
- Food suppliers
- Food shippers
- Restaurant public health inspectors
What Is a Class Action Lawsuit?
When several people become sick as a result of the same foodborne pathogen, it may be possible to file a class action lawsuit for the benefit of all of these people. A class action lawsuit is a lawsuit that filed on behalf a group of people who suffer similar or the same harm. For example, the group, called a class, became ill after eating at a restaurant and may want to sue the restaurant together.
Are There Any Requirements to File a Class Action Lawsuit?
Yes. To be certified as a class, the court must decide whether the group suing meets the following requirements:
- The class must arise from a single act of the defendant
- The plaintiffs named in the lawsuit adequately represents the interest of all plaintiffs
- The group of plaintiffs is large enough to merit being categorized as a class
- The plaintiffs filing the lawsuit must represent the entire group of people harmed
Should I Talk to a Lawyer If I Have Been Injured By a Foodborne Pathogen?
Becoming seriously ill as a result of consuming food containing a pathogen can have a serious impact on your life. Such an illness could cause you to miss days at work and even end up hospitalized. Contact a personal injury lawyer about filing a lawsuit on your behalf to pursue compensation for the losses that resulted from a foodborne pathogen.
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Last Modified: 11-24-2015 02:58 PM PST
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