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Types of Liability & Injury Lawsuits for Food Poisoning

You eat delicious food at the restaurant and come home to find out that you developed food poisoning from eating their food. Some of the bacteria responsible for food poisoning include Norovirus, Botulism, Hepatitis, E. coli, Shigella, and Listeria. However, eating a meal at a restaurant is not the only way you can get food poisoning. Grocery stores and food distributors can also be responsible for stocking and delivering contaminated and toxic food products. Here are some common ways bacteria can contaminate food:

· If the employees prepared the food without washing their hands

· If the employees prepared the food using unclean cooking utensils

· If the chef undercooked meat such as chicken

· If the employees failed to store the food at proper temperature

· If they served or used raw fish, fruits, or oysters

If you have sufficient evidence against the other party for causing you to develop food poisoning, consult with a personal injury attorney in Kentucky. Before you file a food poisoning claim against the business, you should understand the types of liability and injury lawsuits with the assistance of your attorney you can file against the responsible party.

The responsible party failed to take proper measures to store and prepare the food, may be responsible for selling defective food products, or may have breached a warranty, which caused their patron to develop food poisoning. To help you understand which type of liability and injury lawsuit you should lodge against the business for food poisoning, here's the complete list:

1. Negligence

Under negligence, the business is responsible for ensuring the food products or ingredients they are using to prepare the meal does not become contaminated on their watch. They have to create a safe environment to prepare the food by maintaining cleanliness of surfaces and tools and promoting hygiene among their employees handling the food products and ingredients. Your personal injury attorney can assist you make food poisoning claim against the business because they exhibited negligence by failing to clean the kitchen and storing food in an unsanitary manner.

Your personal injury attorney will prove the negligence of the restaurant. Another hurdle will be to prove to the court that the food you ate at the restaurant caused food poisoning and not any other food you ate during the day. You should not delay visiting a personal injury attorney, as they may ask you to visit the doctor to determine you have food illness and find out what food caused it. However, if you recovered from food poisoning after a few days, it may not be advisable for you to file a food poisoning lawsuit. But if you fall extremely ill for a week or get hospitalized because of some extreme symptoms of food poisoning, you may want to sue them and get compensated for the lost income and medical expenses, as well as mental and physical anguish.

2. Strict Products Liability

Strict products liability involves your personal injury attorney proving that the meal the restaurant served or the food products you bought from the grocery store was defective and unreasonably dangerous and was responsible for causing food poisoning.

However, you do not have to show lack of care in preparing and cooking the food in this type of case. Instead, you will hold the restaurant liable for selling contaminated food to their patrons. Apart from suing the restaurant, you can also sue the retailer, food distributor, manufacturer, and wholesaler.

3. Breach of Warranty

Breach of warranty or implied warranty indicates that the food products meet the buyer's expectations and abide by the minimal quality requirements. When the food products or the meal you ate causes food poisoning, you can file a lawsuit against the restaurant or grocery store, stating that the food did not meet the buyer's expectations and abide by the minimal quality requirements.

Just like strict products liability, even in breach of warranty, you can sue the food distributor, retailer, wholesaler, and manufacturer. For this reason, it is important you engage the services of an experienced personal injury attorney who has worked on several cases related to food poisoning.

How Your Personal Injury Attorney Can Help You Recover Damages Caused by Food Poisoning?

Your personal injury attorney will sit down with you to discuss the legalities of the case and the type of injury case you can file against the restaurant or grocery store. They will also ask you to list down the damages you want to recover through the lawsuits.

They can help you receive a fair compensation for medical bills, loss of income due to missed work, out of pocket expenses, pain and suffering, and emotional distress food poisoning caused you. In rare cases, food poisoning can lead to death. In the event someone passes due to developing food poisoning after consuming contaminated food, their loved ones can consult with a personal injury attorney to file a lawsuit against the responsible party.

Remember, symptoms of food poisoning can develop six hours after you ate the meal at the restaurant and can last up to two days. Some of the common symptoms of food poisoning include headache, fever, weakness, nausea, and vomiting.

You will need to drink lots of fluids. If the symptoms of food poisoning last longer than two days or become severe, you need to visit the doctor immediately and consult the services of a seasoned personal injury attorney in Kentucky.

If you or someone you know developed food poisoning and you want to file a lawsuit against the restaurant or grocery store that falls in one of the three liabilities mentioned here, get in touch with Christopher Jackson Law by giving us a call at 859-261-1111 to schedule a free consultation with a personal injury attorney.

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The Law Offices of Christopher Jackson
121 East 4th Street
Covington, KY 41011

Toll Free: 888-811-3247
Phone: 513-861-8000
Phone: 859-261-1111
Fax: 859-261-0888
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