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Who Can Be Held Liable For Food Poisoning?

Date15 Jul 2022

If you or a loved one has recently suffered as a result of food poisoning, it is a good idea to connect with an attorney who can help you to explore your rights and options under the law. Although not all food poisoning incidents give rise to grounds upon which victims can file legal action, some food poisoning cases lead to considerable compensation awards.

Although it is generally a good idea to avoid making assumptions about whether you have grounds upon which to file legal action until you’ve spoken with a lawyer who handles these kinds of cases, there are some rules of thumb that can guide you as you begin researching your rights and options.

Who Can Be Named as a Defendant in a Food Poisoning Lawsuit?

As experienced food poisoning lawyers – including those who practice at Cohen & Cohen – can confirm, food poisoning cases are usually legally actionable if three primary criteria are met. First, it must be proven that the party that prepared, served, or sold tainted food owed the injury victim a legal duty of care. Second, it must be proven that the offending party (defendant) breached that duty by engaging in negligent, reckless, or intentionally dangerous conduct. Finally, it must be proven that the defendant’s actions caused the victim’s injuries.

Additionally, you won’t be able to hold a food manufacturer, restaurant, caterer, or individual chef accountable for food poisoning if your illness didn’t result in financial losses. Meaning, if you didn’t incur medical bills, miss income due to time off work, etc. due to your illness, you likely won’t be able to hold any negligent or reckless party responsible for poisoning you.

Work-Related Food Poisoning

If you suffered food poisoning while engaging in work-related activities – whether you were eating on a traditional job site or not – you may be awarded workers’ compensation benefits if you needed to seek medical attention as a result of the poisoning and/or needed to take time off of work to recuperate. As long as you are eligible for workers’ comp benefits and as long as your injurious circumstances were work-related, you should be entitled to these benefits. With that said, work-related food poisoning can be hard to prove, so connecting with an attorney before you file a claim is a good idea.

Connect with an Experienced Personal Injury Attorney to Learn More

If you aren’t sure of whether your food poisoning case is legally actionable, that’s okay. All too often, individuals shy away from seeking legal guidance because they aren’t sure if they have grounds upon which to file a case. In reality, lawyers can both help to file cases and can help to clarify the rights of those who have suffered injuries so that they know whether they should file legal action in the first place.

If you haven’t already scheduled a confidential consultation to discuss your food poisoning story, connect with a local attorney now. Investing an hour or so of your time to the consultation process may save you a great deal of stress and money down the road.

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