Food poisoning can happen anywhere and anytime. If you visited a restaurant and the preparation of the food caused illness to you, there may be a claim against the restaurant. Severe food poisoning will require the victim to be hospitalized and treated in order to recover.
If you are a victim of food poisoning, it is important for your lawyer to be able to establish that there is, in fact, bacteria growth on the food you consumed, which consequently resulted in your illness. This step will require you to do your part in providing evidence by keeping any leftovers you may have from the restaurant in order to send it off to a lab to analyze any bacteria growth.
Food Poisoning is often hard to prove because it does not happen immediately, and will be hard to pinpoint where it came from. If you only have minor food poisoning, that will not be sufficient to file a law suit.
It should be a serious case of food poisoning that you end up in the emergency room and resulted in a permanent injury with missing a lot of time off work or the inability to do your job.
Lawsuits stemming from cases of food poisoning can be either classified as product liability and/or negligence. Contaminated food is classified as a flawed product that may have been inappropriately touched, prepared or contaminated, and then served to the public. Two causes of action that can be taken are:
This helps in proving that the supplier of a food product that is contaminated did not use the proper standard of care in making and/or distributing the product that you ate.
When a manufacturer or distributor of a food product acts negligently, it means that the food handler/seller did not carry out the proper degree of reasonable care in making or distributing the food that made you ill.
Any person handling food for commercial use can be liable if they didn’t take reasonable care in the preparation or handling of food.
Businesses can be held strictly liable for a defective food production. If a manufacturer, distributor or restaurant is found to be liable in a food poisoning lawsuit, they may have to compensate a seriously injured person for their damages.
If you experienced severe food poisoning, contact our firm to help you through the legal process.
At Azimi Law, we apply our extensive resources to helping our clients get the compensation that they deserve, such as deploying forensic tools and investigation techniques.