Food Poisoning Is a Legal Issue

food posioningFood 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.

Contaminated Drinking Water: Learn the Laws and Liabilities

The year 2016 started off on a sour note as Flint, Michigan made headlines with its deplorable water quality situation. Most Americans take clean running water for granted, so not many of us are familiar with water laws or liability implications.

Many concerned citizens are now wondering about the safety of their own drinking water. Are consumers protected or guaranteed any particular rights? What happens if your own hometown faces a crisis like Flint’s? Your major questions are answered here.

flint water

Safe Drinking Water Act

The U.S Congress passed the SDWA federal law in 1974 to ensure safe drinking water for public use. It states that the Environmental Protection Agency (EPA) must establish regulations for contaminants that may pose a danger to public health. Furthermore, public water systems are required to monitor water for contaminants on a regular basis using water samples and EPA-approved testing methods. The EPA is supposed to work with states, local governments, and water suppliers to ensure compliance.  

The Safe Drinking Water Act has undergone multiple amendments through the years, most notably in 1996. These amendments emphasize science and risk-based standards, transparency, and government funding.

Water Quality

When harmful contaminants work their way into U.S water sources, health problems like gastrointestinal illness, reproductive problems, cancer, and neurological disorders are likely. The lead levels in Flint, for example, caused memory loss, kidney dysfunction, high blood pressure, and developmental problems in children.

Who is Held Responsible?

Drinking water contamination is a complicated matter since so many different players are involved. The federal government, state government, local municipality, public utility company, and even local businesses can be held responsible. Perhaps a business dumped pollutants into the water that are outlawed, or the utility company didn’t complete the proper purification procedures. A wesley chapel real estate attorney is the best person to analyze the situation and determine who can be sued for compensation for water contamination issues.