Food poisoning often happens due to bacteria and viruses that enter the body through the food that we consume. Perhaps once or twice you have received food illness after you ate at a restaurant or even in the safety of your own home. Unfortunately, food illness is common in the United States, with cases happening every single day. In fact, statistics show us that an estimated 600 million people fall ill every year, with 420,000 dying from their illnesses. Many of those who will become extremely sick or even die from illness are young children, elderly, and the sick.
One in six Americans will fall victim to food poisoning every year, with many experiencing different types of symptoms. Some of the most common include nausea, vomiting, diarrhea, abdominal pain, and fevers. In most cases, it will pass on its own within a couple of days or weeks. However, as we know, some people also lose their lives every year due to food illness, which is why these cases are very serious. With about 128,000 people ending up in the hospital on a long-term basis every year, it’s important to understand whether or not you can bring a lawsuit if you have suffered from food poisoning.
How Food Becomes Contaminated
To understand food poisoning, you have to first know how it occurs and evolves. On all of the food we eat, you can find pathogens. However, in most cases, you will never consume these pathogens because they are killed off when your food is heated. If food is eaten raw, it could cause food poisoning because the cooking process never occurs. Though things like water can easily become contaminated, meat, eggs, and dairy products are usually contaminated in food poisoning cases.
Who is to Blame?
Food-related lawsuits are typically defective product liability claims. In these cases, the courts see that you received a defective product that injured you, which is food that caused you poisoning. In these cases, you will probably see one of three theories:
- Strict Product Liability: This means that you will not personally have to show that a manufacturer was not being careful when they made or distributed a specific product. You just have to show that your food was contaminated, and you fell ill as a result.
- Negligence: You may be able to show that a manufacturer acted negligently, as they failed to exercise reasonable care in your case.
- Warranty Breach: Does your state have minimum standards that manufacturers of food products must abide by? Was there a breach? Contamination could cause just that.
In most cases, you will merely need to show that the food you consumed was contaminated and that the contamination made you sick. With these cases happening every day, there is a good chance that much more are going through what you have gone through due to the negligence of a manufacturer. If you have fallen ill due to a product, call us today.
At the McGuire Law Firm, we are waiting to hear from you about your personal injury case. Call us to get the help you need today, at 888-352-0624.