Food poisoning – which is also referred to as foodborne illness – is an infection in the body that typically occurs from consuming spoiled, contaminated, or toxic water or food. According to the Centers for Disease Control and Prevention, there were 53,300 hospitalizations and 931 deaths from domestically acquired foodborne illnesses caused by seven common pathogens in 2019. The most common types of foods that can lead to food poisoning are contaminated raw meat and eggs, undercooked poultry, spoiled dairy products or seafood, raw flour, sprouts, and leafy green vegetables. Food poisoning can lead to severe medical complications, lost wages, and lasting health problems, which means holding the responsible party accountable is important. Those who were injured or lost a loved one due to food poisoning caused by the negligence of another may be able to recover compensation for their losses through food poisoning lawsuit cases.
Schedule a free initial consultation to discuss your situation and the legal options that you may have. Keep in mind that there is a statute of limitations on all personal injury claims. For food poisoning cases, the time limitation for bringing an injury claim is three years in Washington State, but it is never a good idea to wait until the last minute to meet with an attorney.
Food Poisoning Symptoms and Injuries
The symptoms of food poisoning vary depending on the type of pathogen that caused the infection and the health of the person who was infected. For some, these common symptoms can be quite severe:
- Bloody urine
- Slurred speech
- Dehydration
- High fever
- Diarrhea lasting for three or more days
If you or a loved one is experiencing serious symptoms that could be related to a foodborne illness, seek medical attention right away. In some cases, symptoms can turn into serious injuries, including:
- Hemolytic uremic syndrome (HUS), which can cause kidney failure
- Kidney damage
- Meningitis
- Death
- Septic blood poisoning
- Brain damage
- Arthritis
In severe cases, the injured person may be admitted to the hospital for extended periods of time or may need to take long-term medications, which can cost thousands of dollars and put a serious financial strain on families. The best way to recover these losses is through a food poisoning personal injury claim with the help of an experienced food poisoning attorney in your area.
Proving Liability for Food Poisoning
Your personal injury attorney will do some investigating to determine if you have a viable claim and who was at fault for your infection. Due to the nature of food poisoning, there can be numerous parties to blame for your foodborne illness, including:
- Food manufacturers that grew or produced the food
- Grocery stores or other food distributors who sold the contaminated food
- Restaurants or other merchants that were responsible for preparing, serving, or selling the food
- Food wholesalers that distributed the product in bulk to retailers or restaurants
- Food transporters that failed to maintain safe conditions during shipment
- Food supply companies that provided unsafe ingredients or products to other businesses
- Food processors that prepared the food for consumption and sale, leading to contamination
Once the liable party(ies) have been identified, your attorney will help you hold them accountable by negotiating the maximum settlement on your behalf.
Different Types of Legal Claims You Can File for Food Poisoning Lawsuit Cases
Depending on the circumstances, different types of claims may apply. Here are the types of personal injury claims that may be brought for food poisoning cases:
- Negligence. When a restaurant, food manufacturer, or distributor fails to handle, store, or prepare food safely, leading to contamination.
- Product liability. When the food itself is defective or contaminated during production, packaging, or distribution.
- Breach of warranty. When the food sold is unfit for consumption, breaking an implied or express obligation to provide a safe product.
- Strict liability. When sellers or manufacturers are held responsible for distributing contaminated food, even if they did not act carelessly.
- Wrongful death. When food poisoning results in death, allowing surviving family members to pursue compensation.
Contact a Personal Injury Lawyer Today!
An accident lawyer can help you recover a full and fair settlement for the injuries you sustained in an accident caused by the negligence of another with no up-front costs to you. We know the sneaky strategies used by insurance companies to get injured people to agree to settlements far below what they are worth. Our clients typically end up with a settlement or jury award that is five to ten times larger than they could have negotiated on their own. We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County who were injured in Washington State since 1979. Contact the experienced and hard-working personal injury lawyers at Tario & Associates, P.S. in Mount Vernon, WA today for a FREE consultation!
