Orlando Food Poisoning Lawyer
Suing for Food Poisoning & Related Illnesses
Throughout the U.S., food suppliers and distributors have a legal responsibility to follow a variety of safety practices and protocols. When they fail to do this, contaminated food products can make it onto the market and into the hands of innocent consumers. Often, these contaminated products cause food poisoning and an array of related illnesses, such as E. coli, listeria, and salmonella. In severe cases, victims of such foodborne illnesses may require hospitalization, extensive treatment, and ongoing care. They may miss days or weeks of work, meaning they will lose income they would have otherwise earned. All of this can place victims and their families under undue hardship.
If you have or had food poisoning or a related foodborne illness, you could be entitled to financial compensation for your injuries and losses. It is possible to sue a food supplier, distributor, or another liable entity and hold them accountable for their negligence and/or wrongdoing.
Food poisoning cases are often very complex and difficult to prove; we strongly recommend that you reach out to an experienced personal injury lawyer who has specifically handled cases involving food poisoning and related foodborne illnesses. At NeJame Law, our Orlando food poisoning attorneys have successfully represented individuals from across Orange County in product liability cases against food growers, distributors, suppliers, and others. We understand the law, and we have what it takes to aggressively advocate for you and your rights.
What Is Food Poisoning?
Food poisoning is an illness caused by consumption of contaminated food or water. Contamination occurs when bacteria, viruses, parasites, chemicals, and other contaminants enter food, food products, and water. Pathogens, or living organisms that cause contamination and disease, are the most common source of food poisoning.Every year, thousands of people in the United States contract food poisoning. Most people recover relatively quickly and easily but in some cases serious long term medical problems, significant lost time from work, and even fatalities occur. A food poisoning lawsuit may be appropriate in such situations, as a way to obtain compensation. When you have a food poisoning lawsuit, it may be necessary to have the illness confirmed as food poisoning by a health authority, such as a hospital or public health clinic. There are laboratory markers for many types of food poisoning, and it is helpful if such a marker has confirmed the type of bacteria or pathogen of your specific cause of food poisoning. Other times, simple documentation of the symptoms of food poisoning by a physician may be enough. Regardless, the source itself must be identified.
Most common pathogens found in contaminated food and water
The most common pathogens found in contaminated food and water in the U.S. include:
- Escherichia coli (E. coli)
- Norovirus
- Salmonella
- Clostridium perfringens (C. perfringens)
- Staphylococcus aureus
- Campylobacter (campylobacteriosis)
- Listeria
These and other sources of food poisoning and foodborne illness can be extremely dangerous, particularly for children, the elderly, and pregnant women. In some cases, these illnesses can even be fatal.
Food Poisoning Symptoms
In most cases, food poisoning symptoms begin just hours after contaminated food or water is consumed. However, in some cases, signs of food poisoning will not appear for several days or even weeks. Most often, food poisoning symptoms last for several hours to a few days.
- Nausea
- Upset stomach
- Abdominal cramps/pain
- Vomiting
- Diarrhea (watery or bloody)
- Fever
- Excessive vomiting
- Inability to drink water/liquids without vomiting
- Vomiting blood
- Bloody stools
- Extreme abdominal cramping/pain
- Diarrhea lasting more than three days
- Fever above 100.4 degrees Fahrenheit
- Blurry vision
- Tingling in the arms/extremities
- Muscle weakness
- Signs of dehydration, such as minimal urination, dizziness, lightheadedness, and excessive thirst
If you notice any emergency signs of food poisoning, call 911, go to the emergency room, or see a doctor right away.
Who Is Responsible for Food Poisoning?
When you get food poisoning or another type of foodborne illness after eating at a restaurant, getting takeout, or even preparing a meal with ingredients from the grocery store, it can be extremely difficult to determine the source of the contamination. However, this is a critical element of your food poisoning claim. To identify the liable party, our food poisoning attorneys in Orlando will work to uncover the source of your illness, as well as what factors played a role in the contamination. Often, we can trace contamination back to negligence, either on the part of a distributor, supplier, handler, or another party.
For example, if the restaurant that served you contaminated food failed to follow federal or state guidelines regarding safe food handling, you could have a claim against the restaurant for negligence. If, however, the restaurant's employees followed food safety guidelines and practices but served a product that arrived at the restaurant already contaminated, the restaurant would likely not be liable. In such an instance, our team would work to identify whether the product was properly transported, stored, prepared, etc. If we found that an entity involved in the supply chain failed to follow safe practices, we could begin building a case against that entity.
Depending on the specifics of a given case, any of the following parties (and others) could be responsible for food poisoning:
- The manufacturer or supplier of a defective food product
- A restaurant that failed to follow food safety standards
- A grocer that improperly stored food items
- A supplier that sold or provided expired food products
- A transportation company that failed to follow guidelines regarding the safe transportation of food products
In cases involving defective food items and products, it may not be necessary to prove that the liable party acted negligently. Under strict liability or breach of warranty laws, you may be able to file a claim regardless of negligent or wrongful conduct. However, if you have a case against a restaurant or grocery store that improperly stored or handled the food that caused your illness, you will need to prove negligence as in any other standard personal injury claim.
Proving the Source of Your Food Poisoning
To pursue a food poisoning lawsuit the source of the food poisoning must be identified, especially when an individual becomes seriously ill or dies from a confirmed case of food poisoning. This is one of the most difficult aspects of filing a food poisoning lawsuit. It is important to act quickly and demand that the provider of the food maintain samples and preserves evidence; otherwise, the defendant who could be held liable for the damages could escape liability. If you suspect that you have fallen ill due to food poisoning contact one of our personal injury lawyers who are experienced in food poisoning cases in Florida immediately.
Once we have identified the source of the food poisoning (the restaurant, the store, the food vendor), we will work hard to identify the specific product. The food product or other source of the food poisoning is considered a "smoking gun," when the specific pathogen can be shown to be the source of the foodborne illness, whether the food poisoning is due to Salmonella, Listeria, botulism, E. coli, or other bacteria or virus.
Due to the complexity involved in these types of cases, it is absolutely critical that you work with an experienced legal team. At NeJame Law, our Orlando food poisoning attorneys have extensive knowledge of the law, as well as vast experience in investigating and proving sources of foodborne illness. Even if your illness was not caused by a recalled product, we can still work to uncover the source of your food poisoning, as well as identify the liable party.
Schedule a Free Consultation Today
If you recently had food poisoning or received treatment for a foodborne illness, reach out to NeJame Law to learn more about your legal rights and options. You should not have to shoulder the costly consequences of another party's negligent or wrongful conduct on your own. Our firm can help you fight for fair compensation for your medical bills, lost wages, and other damages, such as pain and suffering.
