• Food Poisoning
    • Symptoms
    • Prevention
    • Treatment
    • Causes
  • Pathogens
    • Botulism
    • Campylobacter
    • E. coli
    • Cyclospora
    • Norovirus
    • Hepatitis A
    • Salmonella
    • Listeria
    • Shigella
  • Food Safety
    • How to wash your hands
    • Food Safty And The Holidays
  • Legal
    • Can I sue for Food Poisoning?
    • E. coli Lawyer
      • E. coli Lawsuit
    • Salmonella Lawyer
      • Salmonella Lawsuit
    • Botulism Lawyer
    • Cyclospora Lawyer
    • Shigella Lawyer
    • Hepatitis A Lawyer
  • Outbreaks and Recalls
  • Connect With A Lawyer
What's Hot

How Does Hepatitis A Spread Through Food?

January 30, 2023

Daiso Issues Allergy Alert on Undeclared Soy in Matsunga Mini Shiruko Sand Biscuits

January 30, 2023

Wild Cajun Meals LLC Recalls Frozen, Fully Cooked Jambalaya and Gumbo Products Produced without Benefit of Inspection

January 30, 2023
Facebook Twitter Instagram
Facebook Twitter YouTube
  • About
  • Contact Us
Food Poisoning NewsFood Poisoning News
  • Home
  • Food Poisoning
    • What is Food Poisoning?
      • Symptoms
      • Causes
      • Prevention
      • Treatment
      • Statistics
    • Pathogens
      • Botulism
      • Campylobacter
      • E. coli
      • Hepatitis A
      • Shigella
      • Norovirus
      • Salmonella
      • Cyclospora
      • Listeria
  • Food Safety
    • How to wash your hands
    • Food Safty And The Holidays
  • Legal
    • Salmonella Lawyer
      • Salmonella Lawsuit
    • E. coli Lawyer
      • E. coli Lawsuit
    • Cyclospora Lawyer
    • Shigella Lawyer
    • Hepatitis A Lawyer
    • Botulism Lawyer
  • Outbreaks and Recalls
Food Poisoning NewsFood Poisoning News
Home»Featured»Food Poisoning: Can You Sue and What to Do
Food Poisoning: Can You Sue and What to Do
Food Poisoning: What is needed to bring a claim?
Featured

Food Poisoning: Can You Sue and What to Do

McKenna Madison CovenyBy McKenna Madison CovenyJanuary 11, 2023Updated:January 11, 2023No Comments4 Mins Read
Share
Facebook Twitter LinkedIn Pinterest Email Reddit

Food Poisoning: What is needed to bring a claim?

According to the FDA, “Foodborne illness (commonly known as food poisoning) is often caused by consuming food contaminated by bacteria and/or their toxins, parasites, viruses, chemicals, or other agents.” In addition to multiple pathogens, there are many different ways you can fall ill with food poisoning. You may consume food that has ben contaminated during harvest, growing, shipping or manufacturing.  There is the risk of cross-contamination (when the bacteria is transferred from one surface to another) that often spreads a dangerous pathogen in a food wharehouse, a restaurant, or even a holiday meal. The is also the risk of consuming undercooked or expired food, or not storing the food properly before eating it again (for example, leaving your leftovers from a Thanksgiving meal out all night).  These food might have small amounts of a virus or bacteria, which is common, but because they are held for too lengthy a time at room temperature, the pathogen grows to the point that it now sickens the consumer.

The most common cause of food poisoning is Norovirus.  But close behind are the two most common bacteria that tend to contaminate food and subsequently cause a person to get ill.  These include E.coli and Salmonella. According to Healthline: “When thinking of dangerous bacteria, names such as E. coli and Salmonella come to mind for good reason. Salmonella is the biggest bacterial cause of food poisoning in the United States. According to the CDC, an estimated 1,350,000 cases of food poisoning, including 26,500 hospitalizations, can be traced to salmonella infection each year.”

Clearly, the prevalence of food poisoning is disheartening, with one-in-six Americans contracting some form of food poisoning every year.  Food poisoning is as widespread and is can be debilitating, whether it originates from foods consumed at home, a restaurant, or foods produced form the neighborhood market. 

Is this Illness Food Borne in Origin?

How do you verify that your illness really is food poisoning? Well first, the most common symptoms of food poisoning include diarrhea (can be bloody), mild to severe stomach cramps, fever, and nausea. Some people experience vomiting, and often body and abdominal pain can be severe. If you are experiencing these symptoms, even if you do not remember consuming a product that may have been undercooked, expired, or improperly stored, seeing a health provider is imperative. By the time you become symptomatic, it is often difficult to determine what the food was that made you ill – for example, if you acquire Hepatitis A, you may have eaten the contaminated food well over a month ago! If you get the parasite Cyclospora, it could be weeks before you experience bloating, gas, nausea and diarrhea. 

Viral infections seem to present fastest, but time to onset of symptoms (often referred to as incubation periods) are also affected by HOW MUCH of the pathogen you ingest,  Salmonella can onset in hours or several days.  The same with E. coli.

According to an expert national food poisoning lawyer:

“it is essential that the consumer does three things: (1) visit their local health provider, get a stool sample collected and tested to confirm the presence of the bacteria, parasites, or other pathogen; (2) if your stool study is positive, take time to talk to the health department; and (3) contact an experienced food poisoning lawyer to protect your rights.”

According to Simon, if the person successfully completes these three tasks, then the possibility of recovery through a claim or food poisoning lawsuit is something that can be explored.  Unfortunately, according to Simon, many people who have a valid claim fail to take these proper actions.

According to Forbes, any legal analysis of a potential food poisoning claim will include a few legal questions that need to be evaluated before any case before bringing a claim or filing a lawsuit.  These include:

  • Establishing that the restaurant or facility had a duty to you
  • They failed to fulfill that duty
  • You suffered harm as a direct result of that failure
  • You should be compensated for that harm

According to Forbes, if you can prove these points, you have a case. How much money you receive in this case, however, fluctuates widely.  These are often dependent on the emotional distress suffered throughout the ordeal, medical bills, wages lost, etc.

Share. Facebook Twitter Pinterest LinkedIn Tumblr Email
McKenna Madison Coveny

Related Posts

How Does Hepatitis A Spread Through Food?

January 30, 2023

Tis the Season: A Breeding Ground for Norovirus

January 23, 2023

New TikTok Trend Poses Serious Health Risks: Raw Meat Leads to Cases of Food Poisoning

January 19, 2023

FDA Establishes New System of Food Tracing Requirements For Certain Foods

January 19, 2023
Add A Comment

Leave A Reply Cancel Reply

Attorney Advertisement
Ron Simon

Subscribe to Updates

Get the latest food safety recall, outbreak, & investigation news.

Latest Posts

How Does Hepatitis A Spread Through Food?

January 30, 2023

Snack Innovations Recall Initiated on Rice Cakes and Popcorn Products

January 26, 2023

Allergy Alert Issued On Corim Industries Peanut Butter Hot Chocolate

January 23, 2023

Food Poisoning News is a website devoted to providing you with the most current information on food safety, dangerous pathogens, food poisoning outbreaks and outbreak prevention, and food poisoning litigation.

We're social. Connect with us:

Facebook Twitter YouTube
Latest Posts

How Does Hepatitis A Spread Through Food?

January 30, 2023

Snack Innovations Recall Initiated on Rice Cakes and Popcorn Products

January 26, 2023

Allergy Alert Issued On Corim Industries Peanut Butter Hot Chocolate

January 23, 2023
Get Informed

Subscribe to Updates

Get the latest food safety recall, outbreak, & investigation news.

Facebook Twitter YouTube
  • Home
© 2023 Food Poisoning News. Sponsored by Ron Simon & Associates a Houston, TX law firm. Powered by ArmaVita.
Our website and content are for informational purposes only. Food Poisoning News does not provide legal advice, medical advice, diagnosis, or treatment.

Type above and press Enter to search. Press Esc to cancel.