Food contamination leads to approximately 76 million cases of food poisoning in the United States each year. Of these, over 325,000 victims are hospitalized and over 5,000 cases are fatal. There are many different types of food contamination. Some are spread from food workers to consumers, and many are the result of improper handling, preparation, undercooking, or failure to dispose of expired products.
Therefore, proving a personal injury claim based on food poisoning can involve several different parties, such as manufacturers, distributors, and retailers of food products. With regards to restaurant food poisoning, liability may be traced to numerous persons, including the restaurant owner/manager, cooks, chefs, waiters, and other personnel.
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Some common food contaminants may include:
One aspect of food contamination claims is that there is a potential for a great number of people to get hurt or sick from the food. Especially when food is produced in mass quantities and distributed to food outlets or groceries.
Because many steps are involved in getting a specific food item from the farm to your plate, many different actors can face liability if the food injuries someone. To complicate things, some actors can be liable under different legal theories including negligence, strict liability, defective product liability, and breach of warranty. In general, the actors who can be liable for contaminated foods are:
If you are harmed from consuming contaminated food, you may have a product liability claim. To succeed in your claim, you must show:
In addition to these required elements, it can be helpful to your case if you can also demonstrate:
If you think that you have suffered food poisoning, seek immediate medical attention and then consult a products and services attorney or a personal injury attorney. Food poisoning cases can be difficult to litigate because the chain of events leading up to the illness and causation are hard to establish. An experienced products liability lawyer can help you recover costs associated with the poisoning, such as lost wages and medical expenses.
Last Modified: 03-23-2018 12:45 AM PDTLaw Library Disclaimer
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