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Who can I sue if I have food poisoning?

Food Poisoning Lawyers Frederick, MD

Who can I sue if I have food poisoningFood 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.

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.

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