Food poisoning is a constant concern from home-cooked meals to dining out or grabbing pre-packaged products off the shelf. While occasional mild cases might be part of life, severe incidents of foodborne illnesses like listeria outbreaks or salmonella poisoning can have devastating health consequences. There are 48 million cases of foodborne illness and 3,000 deaths in the United States annually. When the outcome of such illness is long-term health issues or even fatalities, understanding who is liable in such cases is important.
Industrial-Level Food Poisoning
Recent headlines bring to light nationwide recalls of products contaminated with harmful bacteria such as Listeria monocytogenes. From dairy products to packaged salads, no food category seems immune. When two or more people get the same illness from the same contamination, it is deemed a foodborne illness outbreak.
However, proving a case in industrial-level food poisoning can be complex. Victims must demonstrate that their illness is linked to a contaminated product from the company. This often requires medical evidence, evidence linking the product to the outbreak, and sometimes a recall notice by the company or health authorities acknowledging the contamination.
Restaurant Liability for Food Poisoning
Restaurants and other food service establishments are also responsible for preventing foodborne illnesses. These businesses must adhere to strict hygiene and food safety protocols to ensure that what ends up on the diner’s plate is safe to eat; failure to do so, whether due to improper food handling, cooking, or storage practices, can lead to food poisoning outbreaks among patrons.
In cases where food poisoning can be traced back to a specific restaurant, the establishment can be held liable. Victims must prove that the restaurant failed to exercise reasonable care in preparing or serving food, leading to their illness. Evidence might include:
• health inspection reports,
• testimonies from food safety experts, and
• medical records linking the disease to food consumed at the establishment.
Were You Hurt by Unsafe Food Handling?
Injuries resulting from defective products can have profound impacts on individuals’ lives, requiring legal representation. Experienced attorneys can navigate the complexities of product liability claims, ensuring that victims receive the compensation they deserve for their injuries and losses. This includes medical expenses, lost wages, pain and suffering, and more.
The experienced and aggressive attorneys at Spagnoletti Law Firm can help you understand your rights if you or a loved one sustained an injury as a result of a faulty product. There are strict and short time limits on bringing claims, so please contact us online or call 713-804-9306 or to learn more about your rights.