Should You Bother Suing A Restaurant For Food Poisoning?

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man standing in restaurant kitchen

There are many times in the year where the illness related to food are popping up and making the headlines every year. Chipotle in the year 2015 has made a great deal for unwanted attention after the incidents of separating the norovirus and E.coli which was linked to the Mexican food restaurants. Hundreds have become sick due to this in various states and around 43 of the restaurants are closed.

If you are ill by food poisoning, then you must be wondering about the case. The answer related to this will depends on the circumstances of the illness. For example, the delayed time between eating the food and the onset of the illness will make it very difficult for pinpointing that you are ill because of the food you have eaten. If the health agency of the government on the other hand who was linked to the food that you are eating in the outbreak of food poisoning, then the claim would be easier.

Below are the things required to be known for making the claims for food poisoning. What are the legal theories based on it you would be able to make the food poisoning lawsuit? How you would be able to prove the case and who would be sued.

Liability Theories in the Cases for Food Poisoning:-

Danger mark on salt

Food poisoning is falling under the lawsuits of the defective product category and its liability claims. The idea behind it is that you have been sold the defective product. Or we can say that the food is injured or poisoned. The common theories which would be included in this case are as below:-

Strict Product Liability:

Many states have regulated the laws about strict product liability. In this the burden of showing that the supplier or the manufacturer of the defective food product has not been careful when he is distributing or making the product. This is a very big advantage for you. You will need to just show the food product which you have eaten that it is defective or contaminated and the cause of the illness is the contamination.

Negligence:

To add more in the strict product liability or in the states or the cases in which the strict liability has not been taken as legal for the claim then you should be able to argue that the defendants which I supplier or the manufacturer have acted in a negligible way. The food product which was supplied by them is contaminated or defective and is the reason for your illness. To prove this, you can also show that the defendants are not careful about the food products which are supplied to them and also the food products which they are distributing and due to this you fall sick. This can be considered as an act of negligence and failed to exercise reasonable care.

Warranty Breakups:

Some states are imposing the minimum standards on the products which are known as implied warranties. So, if the food is contaminated then it can be considered as the breaching of the warranty or also the violation of warranty which has been implied on the food products. This will also breach the guarantee of the food products which were supplied, distributed and manufactured by the food processors. There are always labels are present which are showing the quality of the products.

For the additional legal arguments, the circumstances of the case can be considered.

Proof of Claims:

Man with magnifying glass

To prove the claims is the greatest challenge in any of the cases of food poisoning. Generally speaking, some things needed to be proved for winning the listeria lawsuit.

  1. The food which was eaten by you is contaminated.
  2. And you become sick due to this contamination.

Let’s Take the First Point:

You must point on the particular product of the food which made you sick. If there is a delay in the time which is very common between the eating of the food and the showing up of symptoms for the food poisoning, then it would be very difficult for determining that what has made you sick. If many other people were made ill by eating the same food products, then there are chances that your case can be considered.

When there is the involvement of the government health agencies that it is very easy to prove the contamination of the food and it can be easily traced about the outbreak of food poisoning to the source. There are also various scientific testing are involved by which you can determine the particular type of disease which is causing microbes that are present in the contamination of the food. This is very critical and there could be solid evidence that can be present for linking the contaminated food to your illness.

Now Let’s Look to 2nd Point:

You have to prove that your illness is because of the contaminated food products which you have consumed. The best way for doing this is to take a sample of your stool and it can be tested scientifically for food poisoning. If you can show that the sample of your stool contains the microbes of the same diseases which are present in the contaminated source of the food then this would strengthen your claim.

Professional Lawyers for Food Poisoning:

two man talking

If you are also a victim of food poisoning, then you should start consulting the lawyers who are specialists in such cases. They can be called listeria lawyers, norovirus lawyers, etc. depending on the food poisoning cases. You should find out by consulting with the lawyer that is there is already the existing action for the concerning food poisoning outbreaks which you are facing. If it is then you should meet with the respective lawyer and take the professional advice from him about your case.