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Who can be liable in a food poisoning case?

Reston, VA food poisoning lawyers have the answers you may need

Reston VA food poisoning lawyersReston, VA food poisoning lawyers know all too well that food poisoning cases can be very common, sometimes even making headlines. Some viruses and bacteria that may result in food poisoning include E. Coli, Botulism, Norovirus, Hepatitis, Listeria, and Shigella. When a food distributor is at blame for food poisoning, customers may have rights to sue the business based on their injuries/illness.

Food should be regulated by the business selling it so, food poisoning can be their liability due to failure of storing and preparing food. The company may also be found liable for defective food products. Restaurants and food distributors responsibility is to maintain a safe environment and eliminate dangers of food poisoning. Experienced Reston, VA food poisoning lawyers will tell you that a negligence claim can be filed if the restaurant denies its duty to customers to serve safe food. An example of this could be a restaurant having a dirty kitchen and storing food in unsanitary ways.

In a food poisoning case against a store or restaurant, you must prove that the business caused the illness. Proving causation can be difficult in these cases. Another obstacle is you must also prove that it was the business’s food and not other food that caused the illness. The plaintiff could have eaten one meal at home and then ate at a restaurant later that day and became ill. This would mean the source of food poisoning is not clear. Reston, VA food poisoning lawyers will also likely inform you that, in order to establish the cause, a doctor must be consulted to identify of the contaminated food and confirm the illness.

Legally recoverable damages in a personal injury case can include:

  • medical bills
  • lost income
  • out-of-pocket expenses
  • pain and suffering
  • emotional distress

In the rare and extreme case of death from food poisoning, the loved ones of the victim can take legal action, however, different states permit different family members to file a wrongful death action.

How do you know if you actually have food poisoning before taking legal action?

Food poisoning occurs from food that contains a bacteria or virus. Reston, VA food poisoning lawyers will likely inform you that the bacteria can contaminate  food in many ways such as:

  • Food prepared with unclean hands
  • Food prepared with unclean cooking utensils
  • Undercooked meat
  • Raw fish, oysters, or fruits
  • Foods that aren’t stored at a proper temperature

Food poisoning symptoms can start anywhere from two to six hours after eating being exposed to the bacteria and can around to 48 hours. Symptoms can include fever, headache, vomiting, nausea, and weakness.

If you have these symptoms you should consider the different types of personal injury cases such as product liability, negligence and breach of warranty.

Product liability in this case can be treated like a defective product lawsuit. Contaminated food is a defective product that you purchased which caused you to become sick. This would be known as the strict liability theory and this can allow you to either take legal action against the manufacturer, distributor or potentially both. Odds are, it is in your best interest to reach out to Reston, VA food poisoning lawyers.

Other examples of product liability can include negligence and breach of warranty. For example, the restaurant can liable for negligence if it doesn’t provide a safe environment which keeps food safe. In breach of warranty cases, there is usually the assumption that a product will meet the expectations of an ordinary buyer. Everyday buyers do not expect their food to be contaminated which could give them a legal claim.

If you believe you have been a victim of food poisoning, reach out to the attorneys at Cohen & Cohen, P.C. today to have your case heard to set up your free consultation with Reston, VA food poisoning lawyers.

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