Suing a food company can sometimes be necessary if one has experienced injury or financial loss due to a food product. Food-related lawsuits are common, but they can often be highly dependent on state laws as well as the type of claim involved. Food companies are bound by various health and sanitation laws, and have an obligation to ensure that consumers receive food that conforms to or exceeds health standards. Many lawsuits are related to food recalls.
Some common reasons why a person might sue a food company can include:
- Injuries called by a failure to perform a proper food recall
- Injuries caused by spoiled or contaminated food
- False health claims on food labels
- Foreign objects found in foods
- Sub-standard quality of food
Thus, a food company lawsuit can involve many different types of legal theories, including negligence and products liability. Also, several different parties may be involved, such as a manufacturing company, distributor(s), shipping companies, and others.
What are Some Pointers for Suing a Food Company?
Generally, most food company lawsuits involve some sort of food-borne illness or food poisoning. This means that some of the product may already be consumed or opened, and the packaging may be gone. If you can do so, try to take some of the following steps if you are preparing to sue a food company:
- Retrieve and keep any packages, labeling, or receipts related to the product. This might not always be possible
- If you can’t locate any labels or packaging, you may wish to research online for more information at the company’s website
- You may also wish to do some research to see if there has been a recall of the food product
- Make inquiries and do searches online to see if other people have had similar experiences with the food product
- Write down an account of your injuries, symptoms, or losses caused by the food company’s negligence
What Types of Legal Remedies are Available?
In many cases, the plaintiff may be awarded a monetary damages sum in order to receive compensation for their losses. Suing a food company can sometimes involve multiple plaintiffs, such as when a class action lawsuit is filed. In such cases, the damages award may be a substantial amount that is split between the persons named in the lawsuit.
Other remedies may include punitive measures against the food company, such as a mandatory food recall, or a required change of company quality control policies.
Do I Need a Lawyer for Help Suing a Food Company?
Food-related lawsuits can be based on a wide range of different violations. You may wish to hire a personal injury lawyer if you have any questions or concerns when it comes to suing a food company. Your attorney will be able to assist you with your claim, and can provide you with legal guidance during the process. Also, your lawyer can inform you of whether a damages award may be available for your case.