Should You Sue For Food Poisoning?

Woman suffering from food poisoning with doctor next to herFood poisoning is a common ailment caused by contaminated, old, or poorly-stored foods. Bacteria and viruses including E. Coli, Salmonella, Listeria, and Norovirus can be found in produce, meat, fish, dairy, or prepared meals.

This year, the FDA has issued recalls for certain brands of romaine lettuce, eggs, cut melon, along with several snack foods (only to name a few) for potentially being laced with such bacteria and viruses. Without refreshing the FDA’s recall list every day, it can be easy to overlook a new food recall. 

Symptoms are usually simply an inconvenience but can also be severe leading to hospitalization and in rare cases, death. Symptoms can be more severe for younger children and the elderly due to their weak immune systems. While you should always see a doctor if you believe that you have been food poisoned, there are certain considerations to take into account before filing suit. 

Extent Of Damages 

Minor food poisoning can entail multiple trips to the restroom and discomfort. With food poisoning being so common, these minor symptoms may not merit the time and expenses of a costly lawsuit. If you only feel minor discomfort, you should probably wait for the symptoms to pass with time. 

On the other hand, severe food poisoning can require professional medical care, overnight stays at the hospital, pain, and loss of income from not being able to work. Serious symptoms can include excessive vomiting, blood, extreme cramps, fever, cold sweats, dehydration, weakness, and blurry vision.

If you experience the more serious symptoms, that’s when you should see a doctor immediately and furthermore consider suing for the damages that you endured. In the case your family member passes away due to food poisoning, you can also file a wrongful death suit on behalf of them. 

Proof 

Likely the biggest obstacle that you will have to overcome is proving where the food poisoning originated from. You may not start feeling any symptoms until several hours or a few days have passed. Within that time, you will likely have eaten something else as well as eaten food before the meal you believe poisoned you.

Therefore, the food-provider will argue that the other food could have caused you to be poisoned, rather than the food you ate from him or her. 

Even if you have the food in your possession with the possibility of it being tested at a laboratory, a defendant can contend that you were the one negligent in storing the food or contaminating it with other food.

Typically, it will be several days that have gone by since the food was sold to you, so within that time, there can be multiple opportunities for food to be contaminated at home. The best ways you can prove the food poisoning was caused by a food-provider is if there was a product recall from the FDA or multiple other people were food poisoned after consuming the same food as you. 

Contact Us 

If you have been severely food poisoned and can prove that someone else is to blame for it, you should contact our team of experienced attorneys at The O’Brien Law Firm. The more time that passes without taking action will lessen your chances of receiving compensation, so contact us at (716) 907-7777 today so we can evaluate your case immediately.