Food poisoning is a common occurrence in today’s fast food environment. Whether a large national chain or a local mom-and-pop restaurant, providers have the responsibility of providing patrons safe food, and when that happens patrons may find that personal injury claims can recover damages for their illness.
The legal theory on which personal injury claims resulting from food poisoning is defective products. The theory is based on the fact that the food (or product) in question behaved counter to its intended purpose and in doing so caused harm.
Plaintiffs may pursue damages from any entities involved in the chain of distribution the food followed to get to your plate.
Typically, that begins with the source of the food itself, the food processing plant that provided the contaminated element that caused your sickness .
There are some difficulties involved in pursuing a personal injury claim related to food poisoning injuries. Plaintiffs must prove that the food they ate was indeed contaminated and that that contaminated food caused their illness, a challenging goal in many cases.
Oftentimes, symptoms occur days after consuming the food in question, and proving what exact food caused those symptoms can be quite difficult. Proving the contaminated food caused your sickness is an easier task in that a sample of your stool may likely be analyzed to establish that part of your claim.
In some cases, plaintiffs are not alone. Sometimes, such large food poisoning outbreaks occur that class action suits result. Plaintiffs have then have less difficulty establishing that the food in question was indeed contaminated. However, joining the class action may reduce your ultimate damages.
You may also file an individual law suit even of there is an existing class action suit related to your food poisoning case. It is important to speak with a personal injury attorney to discuss your options and that path may be best for you and your case.
If you have questions about a food poisoning case and would like to speak with an experienced personal injury attorney to discuss a potential claim, please call us at 773.881.9000. We fight hard for our clients and work tirelessly to recover the highest damages for our clients.