Can I File a Lawsuit if I Get Food Poisoning?

If You’ve Suffered Serious Food Poisoning, Talk to a Lynn Personal Injury Lawyer

One thing that is hard to anticipate is food poisoning. Indeed, whether you go out to eat at a new restaurant, head to a friend’s house for dinner, or get your food at a standard grocery store, you assume that the food that you’re eating is safe. Unfortunately, this is not always the case. In fact, the U.S. Centers for Disease Control and Prevention (CDC) reports that there are about 48 million cases of food poisoning, also called foodborne illness, each year. Approximately 3,000 of these cases are so severe that they result in death.

If you or a loved one has suffered a serious bout of food poisoning in Lynn, you may have a personal injury case. Here’s what you need to know–

When You Can Hold Another Party Liable for Food Poisoning

There is no doubt that producing or distributing food that is hazardous for human health is negligent. However, the challenge lies in proving that your illness was directly related to an outbreak of food poisoning, and tracing down the restaurant, food producer, grocery store, etc. that distributed the food.

That being said, there are a few different theories of liability in a food poisoning case that may be relevant to you:

  • The first is strict liability, which holds that the food product was contaminated, and therefore the manufacturer/supplier of that food product should be held strictly liable for any harm you suffered.
  • The second is negligence. This holds that the at-fault party acted in an unreasonably uncareful manner, and that this was the cause of your food poisoning. For example, if a grocery store knew that a particular brand of lettuce had been recalled due to a foodborne disease, yet kept the lettuce on their shelves, a negligence-based suit could be pursued.

You Deserve to Be Compensated

Foodborne illness can result in a variety of complications, including hospitalization, high medical bills, pain and suffering, lost wages, and even death in the most severe of cases. For these losses, you deserve to be compensated.

In order to win your case, you will need to prove that you ate contaminated food, and that doing so was the direct cause of your illness. You will also need to prove the source of the food contamination; as mentioned above, this can be the trickiest part of a food poisoning case.

Our Lynn Personal Injury Lawyer Can Help

At the law offices of Deborah Gold-Alexander, we know that foodborne illness can have serious consequences. If you have been severely harmed by eating contaminated food, our lawyer wants to help. We can open an investigation into the source of food poisoning and help you to bring forth a strong case.

To schedule a free consultation with Deborah Gold-Alexander, who has over 30 years’ experience representing personal injury claimants in Lynn, call our law office today or tell us more about your case using the contact form on our website.