Food Poisoning

Food Poisoning is one of the most serious and scariest types of claims that we handle at the Krause and Kinsman Law Firm. Food poisoning is scary because many times it starts right in your own home.

Food poisoning can be caused from a few different sources. It can happen in your own home, at your favorite restaurant or come from food items purchased at your local grocery store. Food poisoning can affect millions of people all over our country. Statistics state that 76 million people were affected by food poisoning this past year. These cases result in hospitalization and some people die from food poisoning. Food poisoning is expensive medically and personally to each person, and most cannot afford to lose money from their paychecks due to the careless behaviors of others. The majority of food poisoning cases are from:

  • Salmonella
  • E-Coli
  • Campylobacter
  • Shigella
  • Botulism

Manners in which food poisoning is transferred are many:

  • A person does not wash their hands after taking a restroom break
  • A person spreads a communicable disease when preparing your food
  • The food sits at room temperature for too long
  • The equipment for preparing foods was not cleaned properly
  • The water that irrigated the product was contaminated
  • There was harmful contaminants added in the production process

All of these will cause the consumer to become ill with food poisoning. If you suspect that you may have become sick from food poisoning, the first and most important action to take is to seek out medical attention. Food poisoning can be fatal if left untreated. Food poisoning symptoms can range from a flu-like feeling to severe digestion tract problems, such as diarrhea. You would be wise to retain any documentation available from the medical personnel stating what the medical concern is, and what may have caused it; including any suspicions of the cause. Lastly, find a qualified personal injury attorney to help you in court. The people who are subjected to food poisoning did not request to be contaminated and have legal rights to be compensated for the costs incurred.

Who is Liable?

Food poisoning falls under a liability law. This means that the location and/or person that provided the food item or the service to you is the one responsible for the illness you were subjected to. Product liability means that the provider of the food item has the legal duty to ensure that the food or product is safe for consumers use. The providers have the legal obligation to make sure that all of their goods are safe for the public to use. If, for some reason, they know of a contaminated product and do not notify the public consumer, they are obligated for that also. If the producer does not follow these two laws, they are responsible for all costs and damages incurred by the injured parties.

It is important to remember that food poisoning cases do not just happen to private parties. Many high profile restaurants and food producers have had issues with food contamination during the processing of the product. Your illness does not have to have been the result of some high profile company in order to file a complaint against the producer. Food poisoning is a serious problem and all people need to be held accountable for their actions. It is a legal and moral obligation to provide safe products for all consumers.

What types of lawsuits have occurred because of food poisoning?

  • Bolthouse Farms Carrot Juice Botulism Outbreak
  • Alexandre EcoDairy Raw Milk Campylobacter Outbreak Lawsuit
  • Holiday Inn Bordeaux Salmonella Outbreak

When situations such as food poisoning happen to you, you need to be able to speak with someone that you can trust. You need a lawyer that will be there to help you, not one that charges a huge amount up front to help you receive what you deserve. You need to speak with an experienced personal injury attorney that can help you and be there to win the case against a producer. Seek out the assistance of a law firm who cares about helping people who have been hurt by food-borne illnesses and outbreaks of food poisoning. Call us for a free case evaluation.