Estimates by the Centers for Disease and Control and Prevention (CDC) indicate that in the US, 48 million suffer from foodborne illnesses every year. That’s, one in six Americans suffers from food poisoning. Of these, 128,000 get hospitalized while 3000 succumb to food poisoning annually. Salmonella is the most notorious for food poisoning recording 19,000 cases. Some of the historic food poisoning outbreaks in the US include Salmonella, Escherichia Coli, botulism, listeria, and Hepatitis A.
If you or your loved one has suffered from food poisoning in California, contact Johnson Attorneys Group to schedule a free case evaluation. We don’t charge any legal fees until we recover compensation for you. Simply worry about recovering your health. Give us a call at 1-800-208-3538 today.
What Is Food Poisoning?
Food poisoning occurs when you eat food containing germs, toxins or both. Often, the symptoms show up days after you’ve consumed the food making it difficult to establish the exact cause of the foodborne illness. Pathogens get into contact with food through improper handling, unsafe farming practices, in the manufacturing and distribution and when in the storage.
High-Risk Foods & Signs You’re Suffering from Food Poisoning
While food poisoning can happen with any food, some foods are more prone to contamination by viruses and bacteria than others. These high-risk foods include leafy green veggies, dairy products, eggs, shellfish, meat, and poultry.
Some telltale signs that you’re battling a foodborne illness are blurred Vision, fever, dehydration, decreased urination, dizziness, palpitation, prolonged diarrhea, blood-stained vomit or stool.
Who to Do if You Suspect Food Poisoning
- Seek medical attention
- Record what you ate the last 3 or 4 days before the onset of the conditions
- Retain any leftovers
- Maintain all records including medical documents, receipts of purchase, medication purchased and any other relevant documents.
Bringing a Legal Claim for Food Poisoning
If you suffer food poisoning, the law grants you the right to sue those responsible. You might have a legitimate case if you can prove that a particular entity is responsible. As such, your California food poisoning claim lawyer has to present substantial evidence.
Still, if even if the lab tests establish that the food contains bacteria, the case can still be hard to purse. The defendant can claim that they sold food free of pathogens and you may have left it unrefrigerated or exposed it to contaminants on your own. The odds are high you’ll have a successful legal claim if you’re not the only one affected.
The One Challenge Surrounding a Food Poisoning Case
If you ate food cooked in a particular restaurant or manufactured by a specific company, you might have a case. If quite a substantial amount of time has elapsed since the time you consumed the food and the time you fell ill, then it may be hard to tell which food made you sick.
Who is Liable for a Food Poisoning in a Lawsuit?
Food poisoning legal claims belong to the product liability claims category. There are three things to prove in such a case. Strict product liability grants you full rights to prove that the manufacturer or supplier did not exercise particular care in making or handling the product (negligence). And because the defendant failed to exercise due care which is their duty, then they were in breach of duty.
To prove your case, you’ll have to show that the food you ate came from the manufacturer or supplier. Also, the PFGE test performed on the food has to determine that the viruses and bacteria match those in the food that was the direct cause of your illnesses. Your Californian personal injury lawyer will have to trace the chain of distribution ranging from the manufacturer, distributors, wholesalers, to retailers.
Damages for a Food Poisoning Claim
If there’s enough evidence connecting the pathogen that caused your injuries and other complications to the food, then you’ll be compensated for:
- Medical bills incurred
- Lost wages due to days of work
- Pain and suffering
- Related expenses
- Mental anguish
- Care and help accorded by family
Johnson Attorneys Group Will Help You File Food Poisoning Legal Claims in California
If you or a loved one has suffered injuries due to food poisoning, our California personal injury lawyer can assist. Our experienced attorney at Johnson Attorneys Group is ready to take you through the entire legal process. Over the past years alone, we have helped our clients recover more than $100 million in compensation. We don’t charge anything until we have won and settled your case. If you don’t have medical insurance, our attorney will find you a doctor. Besides, we operate from 12 locations for the convenience of our clients. For a complimentary case evaluation, contact us 24/7 at 1-800-208-3538.