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HomeBlogFood PoisoningCan I Sue For Food Poisoning Or Food-Related Illness?

Can I Sue For Food Poisoning Or Food-Related Illness?

Food poisoning is a serious health risk that arises from consuming contaminated or improperly prepared food. The dangers range from mild discomfort to severe, sometimes life-threatening complications. At The Horwitz Law Group, we understand the impact food poisoning can have on your life. Our team is dedicated to helping victims of food-related illnesses seek justice and obtain compensation for their suffering.

Causes of Food Poisoning

Food poisoning can be caused by various viruses, pathogens, and bacteria, including Shigella, Campylobacter, E. coli, Listeria, Vibrio and Salmonella. Symptoms often begin within 24 hours of consumption and can last for several days, varying in severity based on the specific contaminant involved. Common symptoms include nausea, vomiting, diarrhea, abdominal pain, and fever. Serious cases may lead to long-term health issues or even death.

Progression of Food Poisoning Symptoms

Food poisoning typically progresses quickly after ingesting contaminated food. Initial symptoms can appear within hours and escalate rapidly. This swift onset underscores the need for immediate medical attention and prompt legal action if negligence is suspected.

Suing for Food Poisoning: Legal Grounds for a Lawsuit

Victims of food poisoning have the right to sue the entities responsible for their illness, such as restaurants, food suppliers or manufacturers. Below are the main scenarios that can lead to a lawsuit:

  1. Undercooked Food: Serving food that has not been cooked to the appropriate temperature to kill harmful microorganisms.
  2. Contaminated Handling: Improper handling or cross-contamination during food preparation.
  3. Improper Storage: Storing food at incorrect temperatures that allow bacteria to multiply.
  4. Unhygienic Practices: Poor hygiene among food handlers, including inadequate handwashing or using contaminated utensils.
  5. Expired Ingredients: Using ingredients that are past their expiration date.

Proving Negligence

To file a successful food poisoning claim, evidence must be gathered to prove negligence. You and your attorney will work together to ensure your case features essential evidence, which may include:

  • Medical Records: Documentation of the illness and treatment received.
  • Witness Statements: Accounts from others who consumed the same food and experienced similar symptoms.
  • Circumstantial Evidence: Proof of unsanitary conditions or improper food handling practices at the establishment.

Types of claims that can be pursued include:

  • Negligence: Failure to exercise reasonable care in preparing or handling food.
  • Breach of Warranty: Violating the implied warranty that food sold is safe for consumption.
  • Strict Liability: Holding the defendant liable for selling a defective product, regardless of fault.
  • Seeking Damages: The Horwitz Law Group is committed to fighting for the compensation you deserve. Whether it’s covering medical expenses, lost wages or pain and suffering, our team will work tirelessly to build a strong case on your behalf. 

Discuss Your Food Poisoning Case

If you or a loved one has suffered from food poisoning or a food-related illness, The Horwitz Law Group is here to help. We offer a free consultation to discuss your case and determine the best course of action. Let us assist you in holding the responsible parties accountable and securing the compensation you need for your recovery. Contact us today and take the first step towards justice.

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