Can you sue for food contamination?

Under California law, food poisoning can be a type of personal injury. If you become sick after eating contaminated food you can file a lawsuit against the restaurant or food company for damages.

Is food poisoning a civil or criminal case?

The food poisoning compensation claims legal process Food poisoning or Salmonella cases typically fall under the area of public liability law, a highly specialised area of law for which Shine Lawyers are experts. No two food poisoning cases are the same.

Who is responsible for food poisoning?

Bacteria and Viruses: Bacteria and viruses are the most common cause of food poisoning. The symptoms and severity of food poisoning vary, depending on which bacteria or virus has contaminated the food. Parasites: Parasites are organisms that derive nourishment and protection from other living organisms known as hosts.

What are the symptoms of an E coli infection?

Symptoms of Shiga toxin-producing E. coli (STEC) infection vary for each person, but often include severe stomach cramps, diarrhea (often bloody), and vomiting. Some people may have a fever, which usually is not very high (less than 101˚F/38.5˚C). Most people get better within 5 to 7 days.

What can I do about a contaminated food lawsuit?

Class Action Lawsuits: In cases where the contaminated food makes a large number of people sick, then a personal injury attorney or advocacy group can initiate the lawsuit on behalf of the group of plaintiffs. Wrongful Death Cases: In extreme cases, people may die from foodborne illnesses.

Can a person Sue a business for food poisoning?

As discussed above, when food poisoning causes illness and injuries, legally recoverable damages in a personal injury case can include: emotional distress. In rare and extreme cases, death can result from food poisoning. The loved ones of the deceased may be able to file a wrongful death action against the liable business.

Are there any lawsuits against the food industry?

There have also been many labeling lawsuits, challenging product claims including “natural,” “healthy” and “nothing artificial.” Kevin Laukaitis, an attorney at Kohn, Swift and Graf who focuses on class action consumer litigation involving defective products, told Food Dive the healthy product trend has led to an increase in mislabeling cases.

Are there more lawsuits associated with foodborne illnesses?

When it comes to lawsuits associated with foodborne illnesses, attorney Bill Marler — a leader in that space — can attest to the recent increase. “It’s been a bad year for food safety and it’s more than anecdotal,” Marler told Food Dive. “I’ve had to hire three more lawyers and two more paralegals in the last six months.

Can a food company be sued for food contamination?

Food contamination lawsuits can be used to cover a broad range of items that should not appear in your food products. Alternatively, individuals who have fallen ill because of contaminated food products or food poisoning can also bring a food negligence lawsuit against a food company.

What do you have to do to sue for food poisoning?

Generally speaking, you will have to prove two things in order to win your lawsuit: the contamination made you sick. The food you ate was contaminated. You will have to pinpoint the particular food product that made you sick.

What are the hurdles in a food poisoning lawsuit?

As an additional hurdle for a plaintiff in a food poisoning case, he or she must prove that it was the business’s food and not other food that caused the illness. The plaintiff may have eaten breakfast at home and then ate at a restaurant for lunch and became ill. The source must be isolated and identified.