Our friends at Bisnar Chase wrote a great article on Food Poisoning Lawsuits that we wanted to share with you. Lawsuits related to food poisoning are not as common as other personal injury lawsuits, but they are important to enforcing laws and protecting consumers.
Tips to Best Win your Case for Food Poisoning
by Bisnar Chase
Unfortunately, the vast majorities of people who get food poisoning don’t believe or know that they can do anything about it and can suffer horrific symptoms that may likely be the fault of the restaurant or food item provider. The truth is, food poisoning can become severe and lead to severe dehydration, bloody diarrhea, and death. The vast majority of consumers feel victimized and helpless when this happens, but justice can be done for you and also for many others to prevent the food producer to become responsible and expose unsafe or unsanitary practice. Wrongdoers need to be held accountable for these actions and a personal injury lawyer can help.
Here are 3 points that must be proven in any state of the U.S. in order to make a successful claim:
- Fault : That the food producer, processor, or distributor mishandled the processing, preparation, storage, or handling of food.
- Causation: That it was the seller or producer of the food that caused the food to be contaminated or spoiled and that the said food actually caused the illness.
- Damages: That there were significant harms and losses suffered by the injured party as a result of consuming the food product.
Food poisoning lawsuits can be won with the help or testimony of doctors, microbiologists, epidemiologists (authorities on public health and illness), and food safety and sanitation experts. An expert food poisoning attorney (LINK) can effectively defend you and your rights while having access to the best experts who can prove your case if in fact, your symptoms and losses are a result of the aforementioned.
Some causes that you can claim in court include:
- The food contained enough of a harmful or poisonous substance, whether added or not, to cause the food to be damaging to your health.
- It contains, whether by negligence or illegally misrepresenting the ingredients, an added substance that the FDA (Food and Drug Administration) considers unsafe.
- The food was contaminated, diseased, decomposed, or otherwise unsanitary and unfit for human consumption.
What you should do if you have food poisoning:
- Get medical assistance right away. Insist that the doctor take tests such as stool, blood, or other bodily fluids. The doctor must find the pathogen or substance responsible for the poisoning. This should be done before treatment commences, such as antibiotics, which may destroy the pathogens before identification is possible.
- Make sure you save all your receipts, credit card slips, empty food cartons, and any other evidence that can be used in court.
- Once you know the exact pathogen, it is possible to know when you consumed the harmful food This is because pathogens have incubation periods, meaning there is a certain time between when you consumed the food and when the first symptoms appear.
- Report the findings to your local or state department of health. This will also help to find other people affected.
- Various lab work is done by experts in the field, analyzing the pathogens like detectives, hypothesizing the potential source.
- Save all your medical bills to help show damages in court. A great food poisoning attorney (LINK) will research and let you know if you have a good case, as well as tell you the average time and expense of pursuing it.
If you or someone you love has suffered from contaminated food please contact an experienced foodborne illness lawyer. A skilled personal injury lawyer can help you receive a fair settlement for your injuries.