There are certain situations where it’s fairly obvious that a lawsuit should be brought in order to claim damages. Car or truck accidents are common examples of times when a personal injury lawsuit may be appropriate and advisable.
There are other situations where harm may be done, and that harm may be the result of negligence, but people are unsure if they should sue.
One instance is food poisoning. If you’re eating at a restaurant or you get food from a restaurant, and you or your family become ill, what recourse do you have? Is it worth filing a lawsuit?
What Is Food Poisoning?
Food poisoning is a blanket term for food-borne illness.
Food-borne illness is a sickness that comes from eating contaminated food. You may be infected by viruses, parasites, or bacteria. Contaminants can occur in food at any point in production. It can also occur at home if you don’t properly handle or prepare items.
Food poisoning symptoms typically start within a few hours of eating something contaminated, and while most cases are mild, some people may need hospitalization.
Symptoms of food poisoning primarily include nausea and vomiting, as well as diarrhea, abdominal pain and cramping, and fever. Food poisoning for most people may last anywhere from a few hours to several days.
If you experience a very high temperature, can’t keep liquids down, or are experiencing symptoms of dehydration, you might get medical help.
Cross-contamination is often the cause of food poisoning. Cross-contamination occurs when harmful organisms are transferred from one surface to another.
Some people are at greater risk of getting a case of food poisoning than others. For example, older people with lower immune system responses may be more likely to get sick from contaminated food. The same is true of pregnant women, infants, and young children and people with certain chronic diseases.
The main complication of food poisoning is dehydration, so if you are sick from a foodborne illness, it’s critical to make sure you’re getting enough fluids.
Chipotle
Chipotle is one example of high-profile issues related to food poisoning. For example, in 2015, there were separate norovirus and E. coli incidents that were linked to numerous Chipotle restaurants. Hundreds got sick, and 43 restaurants were shut down.
Do You Have a Case?
If you’re wondering whether or not you have a case related to food poisoning, it depends.
One of the big challenges with lawsuits related to food-borne illnesses is that since there is a lag between eating contaminated food and getting sick, it can be tough to really know what made you sick. With Chipotle, it was a little different because the government tracked down particular sources of contamination.
Most foodborne illness lawsuits follow the legal guidelines of a defective product liability claim. If you have encountered this kind of situation then you can ask for help from a product liability accident injury lawyer wyoming to give you more insights of your rights as a consumer.
The concept is that you were sold a defective product that injured you, but it’s food that sickened you.
Many states have made product liability laws very stringent, which means that you, as the consumer might not have to show the supplier of the food product wasn’t careful. You may just need to show you ate food that was contaminated, and that contamination made you sick.
In states where those strict liability rules aren’t in place, there’s also the argument of negligence. You would be saying that the defendant wasn’t careful and responsible in how they prepared or distributed food that went on to make you sick.
Can You Prove a Restaurant Is to Blame?
This is where foodborne illness claims get especially tough. How do you prove the restaurant or the provider of the food you ate was to blame for your sickness?
There are many things that can make you sick.
Even if you have leftovers from the restaurant, and they were tested and showed the presence of dangerous bacteria, the restaurant could claim the food was contaminated after you left.
It’s pretty tough to file a claim regarding a foodborne illness unless others were also affected. Then, it becomes somewhat easier.
If multiple people are affected, then a product recall or warning might be issued.
If you are confident that one way or another you can prove a restaurant caused your food poisoning, you should still speak to an attorney. It may not be worth it in terms of time and money to pursue a claim because the losses might not end up being that much.
An experienced personal injury lawyer can go over the facts of your potential claim with you if you did get exposed to a dangerous foodborne illness.
