Food poisoning affects millions of people each year and sends hundreds of thousands to the hospital. According to the Centers For Disease Control and Prevention, food poisoning kills about 3,000 people a year. Some may be surprised to find out that you can in fact file a claim for being affected by food poisoning, and you may be entitled to compensation.
Food poisoning occurs when the food you consume is contaminated by infectious organisms such as bacteria, viruses and parasites. Consuming these contaminated foods will usually cause symptoms including vomiting, diarrhea, dehydration, infection, fever, difficulty swallowing, muscle weakness, abdominal pain and difficulty breathing. Severe cases of food poisoning can be fatal. In 2023, cantaloupes contaminated with salmonella killed six people and sent 158 to the hospital.
What Causes Food Poisoning?
Food contamination leading to food poisoning can be caused by several factors:
- Cross-contamination, which occurs when organisms are transferred from one surface to another, such as placing lettuce on a spot there was raw meat
- Failing to cook food to a high enough temperature to kill bacteria and other pathogens
- Employees not washing their hands before food preparation. Improper storage of food
- Serving expired food
If you develop food poisoning, you are entitled to compensation for all resulting losses, including medical bills, lost wages, pain and suffering, and emotional distress. In the event of a fatality, the deceased’s estate or surviving family members can claim wrongful death damages.
Filing a Claim for Compensation
The first step in suing for food poisoning is to ensure you have solid evidence and identify the correct parties responsible for serving or selling the food. You must prove that the restaurant or facility had a duty to you, they failed to fulfill that duty, you suffered harm directly due to their failure, and you should be compensated for the harm caused.
Proving a Restaurant Is Negligent
A restaurant or facility that prepares, sells, or serves food can be held liable for its own failures or for the negligent actions of its employees. Under the doctrine of vicarious liability, employers are responsible for their employees’ actions performed during their job duties.
Negligence can be established if the restaurant:
- Failed to set policies for safe food handling
- Did not maintain safe storage conditions.
- Had employees who behaved carelessly in food preparation and handling
- Violated federal or state safety codes
Miguel Custodio of Custodio & Dubey says, “As a personal injury attorney, I always advise clients that pursuing a food poisoning claim requires thorough documentation and evidence. It’s crucial to seek medical attention immediately, to preserve any evidence like food or receipts, and to report the incident to health authorities. Proving negligence and causation is essential, and our job is to ensure you receive the compensation you deserve for your medical bills, lost wages, and suffering.”
Reach out to our team if you or a loved one was injured by a negligent restaurant or facility.
(213) 593-9095
Book Your Consultation
December 02, 2024