Food poisoning is a unique type of illness; you can get sick from a dish of chicken parm and be completely repulsed by even the sight of it on a menu for the next 15 years. It’s definitely a nuisance, but food poisoning is also a legal issue in certain situations.
How Does Food Poisoning Occur?
Food poisoning is made possible by food that contains bacteria or a virus and is then eaten. Undercooked or raw meat, food stored at the wrong temperature, and food cooked with dirty hands or utensils are the most common culprits that create the food poisoning effect.
What is Food Poisoning Like?
If you’re lucky enough to have eluded food poisoning through your life, you haven’t missed any fun. Symptoms of food poisoning begin two to six hours after eating and can last a few days. Fever, headache, vomiting, cramps, diarrhea, and weakness are the most common symptoms. There’s no cure to food poisoning though; it just has to work its way out of your body with proper hydration.
When Food Poisoning Liability Applies
Most food poisoning from a restaurant or store is not viable for a personal injury suit because it’s an accepted risk of business. However, food poisoning does have a legal leg to stand on when it can be presented in the same manner as a defective product. If the contaminated food caused injury through food poisoning, it can be pursued under the strict liability theory.
Since food poisoning is very difficult to prove in a court of law, you must instead be able to prove that the food you ate was contaminated in some way. This is also challenging and often requires proving that many other people eating at the same time and in the same place became sick as well.
The purpose of suing over food poisoning would be to receive compensation for medical bills, lost wages, or even death the rare case that foodborne illness causes loss of life.
This isn’t something you can pursue on your own; it definitely requires legal assistance from a consumer justice attorney law firm like Saunders & Walker.