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Food Poisoning Lawyer Frederick, MD
Food poisoning lawyers Frederick, MD residents trust know all too well that food poisoning outbreaks often pop up and make headlines. For example, in 2015 Chipotle gained a great deal of negative attention after E. coli and norovirus were both linked to many of their restaurants. This incident resulted in hundred of people becoming sick and 43 restaurants being shut down.
If you recently have become sick due to food poisoning you may wonder if you actually have a case and should take legal steps for compensation. Some things you should consider are how sick you actually were and time delays of the sickness. It may be hard to pinpoint which food that you ate that day actually made you sick. One thing that may help you case is if a government health agency has linked a particular food you ate to the outbreak/ food poisoning type you had.
According to food poisoning lawyers in Frederick, MD, some important things to know are; what legal theories can form your lawsuit, how to prove your case, and who to sue.
What are the common symptoms of food poisoning?
It is not uncommon for people to be unaware that they are suffering from food poisoning. After all, the effects of food poisoning can take up to six hours to kick in. Any experienced food poisoning lawyer in Frederick, MD will inform you that this can make it confusing when it comes to determining whether or not your food caused your injuries. Although not a comprehensive list, here are some of the most common symptoms of food poisoning:
- Diarrhea
- Nausea
- Vomiting
- Mild fever
- Sweating
- Stomach cramps
- Stomach pains
Some attorneys may even recommend you see a doctor, especially in circumstances where your symptoms worsen over time or fail to subside. Although you may not be able to directly link your injuries to some sort of contaminated food, there are several tests a doctor can run that will determine what caused your symptoms. According to a food poisoning lawyer in Frederick, MD, most of the time, if you have a suspicion that you are suffering from food poisoning, you are likely right.
When Food Poisoning is Serious, Talk to Frederick, MD Food Poisoning Lawyers
If you have become ill after eating in a restaurant or eating packaged food in Maryland, it may be in your best interest to contact Frederick, MD food poisoning lawyers to make sure that your rights are protected.
Even though the United States Food and Drug Administration (FDA) has set forth many rules and guidelines to protect consumers in the U.S., many people become ill every year from eating contaminated foods. The Center for Disease Control (CDC) estimates that there are 48 million people per year affected by some form of foodborne illness; approximately 128,000 people per year are hospitalized because of food borne illness; and unfortunately, three thousand people die each year because of something they ate.
Food Poisoning and Personal Injury Law
When someone is injured in the United States because of another party’s negligent or reckless behavior, the injured person may be entitled to compensation for expenses that are the result of their injury. When someone dies as the result of this, their surviving family members may be able to hold the party that is responsible for their loved one’s untimely death liable for the damages they caused.
If someone becomes ill because of something they ate in Frederick, they may be in need of MD food poisoning lawyers to protect their rights. When someone suffers from food poisoning that is the result of another party’s negligence, such as a restaurant not properly monitoring health standards in their food prep; or a manufacturer or distributor for not ensuring they are up to code for health and safety standards, etc., the victim of food poisoning (or another food related illness or problem) may be entitled to compensation. People from Frederick have found it easier to seek compensation for food poisoning with the guidance of personal injury lawyers who are experienced with handling food poisoning cases in MD.
Types and Symptoms of Food Poisoning
There are many types of food poisoning that can make a person ill that can be categorized as stemming from one or more of the following:
- Bacteria
- Virus
- Parasite
- Toxins
Bacterial cases of food poisoning are the most common. Symptoms can appear in as little as one hour after consuming contaminated food but it can take a few days before they appear. Symptoms typically include one or more of the following:
- Nausea and/or vomiting
- Fever
- Diarrhea
- Abdominal pain or cramping
- Bloody stools
- Dehydration
- Headache
- Extreme exhaustion
Proving Causation
It can be difficult to prove causation in food poisoning cases. This means that in order to prevail in a food poisoning case, it is necessary to connect the consumption of the contaminated food to the onset of symptoms. It is a good idea to get medical attention when it seems like someone is ill as the result of food poisoning but even a medical practitioner may have a hard time linking this definitively to one food over another. Since there are hundreds of possible ways to contract a foodborne illness, speaking to experienced food poisoning lawyers may help you to make more informed decisions about what your next steps should be.
If I can prove that I am suffering from food poisoning, can I take legal action?
The short answer is absolutely. You should never have to worry about dealing with expenses that may have arisen as a result of food poisoning. The emotional and physical distress that you suffer from alone is enough to have a case to charge the party responsible.
Remember: food poisoning is a result of the spread of bacteria and viruses into your food. More often than not, this is a direct result of poor and negligent handling of it. For example, if you go to a restaurant, and they have left their meat out for too long, it is much easier for that meat to be contaminated by bacteria. A food poisoning lawyer in Frederick, MD may warn you to keep an eye out for meats, fish, and dairy products as they have the highest chance of causing you food poisoning.
Who should I call?
If you or a loved one feels that you have suffered from food poisoning and would like to take legal action, it may be in your best interest to reach out to Cohen & Cohen, a group of talented attorneys who specialize in helping cases like yours. Do not hesitate to call today to set up your free consultation with a food poisoning lawyer Frederick, MD residents rely on today.
Theories of Liability in Food Poisoning Cases
For the most part, food poisoning cases fall under the defective product liability category. This means you have been sold a defective product that caused you harm.
Luckily, most states have adopted strict product liability laws. This means you won’t have the burden of needing to show that a manufacturer or supplier was not careful while making or distributing that product. The only thing you will need to prove id that the food you ate was contaminated and there for you were contaminated and became ill.
Skilled Food poisoning lawyers Frederick, MD will also inform you that negligence is another a way of proving your case. If you can prove that the defendants acted negligently in manufacturing/supplying the contaminated food which made you sick, than you will mostly likely have a case. In order to prove negligence, you have to show that your defendants failed to exercise reasonable which resulted in your illness.
Breach of Warranties
Many states impose minimum standards on many products. These are known as implied warranties. Contamination of food can be a violation of these standards or “implied warranties.” Food poisoning lawyers Frederick, MD should inform you that if these standards were not met, this will add an additional piece of evidence for your case.
Proving Your Claim
Proving you claim can be the greatest challenge in your case. The two things you will have to prove are:
- the food you ate was contaminated, and
- the contamination made you sick.
The easiest way to blame a specific food you ate is if the government has recognized the issue. Another way you can show proof is through scientific testing. Once you prove that it was the food that made you sick you will also need to prove that the contamination made you sick. The best way to prove this is to have a stool sample tested. Food poisoning lawyers Frederick, MD will advise that you do this by going to a doctor or hospital. If your sample contains the same disease-causing microbes as the food, you will be able to greatly strengthen your claim.
Who is liable?
Liability can range from the food processing company to the retailer/distributor or anywhere in between. Call the attorneys at Cohen & Cohen today to figure out who you should sue for your food poisoning case. Do not hesitate to reach out to us and we will set you up with a free consultation with one of our trusted Food poisoning lawyers Frederick, MD residents count on.
When Should You Call a Frederick, MD Food Poisoning Lawyer?
If you have suffered from food poisoning in Reston, MD, it may be in your best interest to contact a food poisoning lawyer Frederick, MD residents can rely on.
You and your friends decide to try out a new restaurant in town. You order the special and you and your friends enjoy your evening. In the middle of the night, you are awakened by a sharp pain in your stomach and proceed to be sick for the next three days. You realize you have food poisoning from that new restaurant you went to. You had to miss work, go to urgent care, and pay for prescriptions.
Do you know if you have the right to sue the restaurant that gave you food poisoning for damages?
In this post, we’ll walk you through what you would need to do.
The information in this article is not legal advice. A good place to seek legal advice is from a food poisoning lawyer who is experienced at successfully defending the rights of Frederick, MD food poisoning victims.
What causes food poisoning?
Food poisoning is pretty common. We’ve all heard of E. Coli, Botulism, Norovirus, or Salmonella. Food poisoning at a restaurant can be caused by a variety of different things: a dirty kitchen, undercooked meats, storing items in an unsanitary fashion, knowingly using foods that had previously been recalled, etc. Any of these can cause illness if you eat this food. It’s vital that restaurants maintain high food safety standards in order to prevent food illnesses.
What action can you take when fighting a food poisoning case?
When you go to a restaurant you have certain expectations. You expect the kitchen and restaurant to be clean and you expect the food to be properly cooked. The business may be liable for either being negligent in their food preparing or storing process, or they could be liable for a defective food product. If you purchased food from a Frederick, MD restaurant or store and wound up with food poisoning, you may find it helpful to discuss your situation with a reputable food poisoning lawyer.
If you are claiming that the restaurant was negligent, you will need to prove that the establishment caused your illness. This means you need to show that they had a dirty kitchen, were storing food in unsanitary ways, or serving food that was unsafe to eat. You also need to prove that the food poisoning came from that restaurant and not something else you ate during the day. Make sure to consult a doctor as soon as you start experiencing symptoms to identify the illness.
If you are claiming strict products liability, then you must prove that the food the restaurant served you was defective or dangerous to your health. You also need to prove that this specific item or items were the direct cause of your illness. If it’s determined that they were in possession of contaminated food, it is not just the individual restaurant that could be liable, but the whole chain – distributor, wholesaler, and retailer.
Because of all of the possibilities of who might be responsible for your food poisoning, it is recommended that you enlist the help of a reliable Frederick, MD lawyer in order to determine who is at fault for your suffering.
What are the next steps?
If you’ve recently experienced food poisoning from a restaurant or store and would like to be compensated, reach out to a personal injury lawyer. You could be entitled to compensation for things such as your medical bills, loss of income, pain and distress, and any additional expenses. Food poisoning doesn’t just mean having a stomach ache after dinner, it means you’ve been in significant pain and have racked up expensive medical bills as a result. A member of our team can help you determine what the right course of action is for your case. Reach out today.
For a highly rated food poisoning lawyer Frederick, MD is fortunate to have in its midst, contact Cohen & Cohen for a free case evaluation, any time of the day or night, any day of the year.
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