Legal Claims for Food Poisoning

Food poisoning occurs when a person eats food that has been contaminated with bacteria that causes illness. In the most serious cases, food poisoning can result in lifelong disability or even death, particularly if the victim is very young, elderly, pregnant, or already sick with another underlying condition. Proving liability in food-poisoning cases requires investigation into the circumstances of your illness. The circumstances of your case will affect the strength of your claim. For example, it can be easier to pinpoint the source of your illness if the government has issued a recall on the product you ate, due to it causing illness in others. On the other hand, an individual case can be more difficult to prove, especially if much time passed between when you consumed the food and when you got sick. In the majority of cases, a food poisoning suit will fall within the realm of a product liability claim. A product liability claim refers to a situation where a product (in this case, food) causes harm or physical injury. Under the law of most states, you don’t have to show how a food manufacturer or distributor was negligent, nor do you need to know exactly what contaminated the food. You only need evidence of (1) a contamination and (2) proof that it caused your illness. Contact a personal injury attorney in your area if you have been a victim of food poisoning.