Food poisoning (or food-borne illness) is a common and sometimes severe condition for millions of people in the world every year. It is caused by eating contaminated food. Infectious organisms (bacteria, viruses, parasites, etc.) or their toxins are the most common causes of food poisoning. The symptoms include nausea, diarrhea, vomiting, abdominal pain, and fever.
Whether you become sick after eating contaminated food depends on the organism, how much you were exposed to, and your age and health. According to mayoclinic.org, high-risk groups for food poisoning include:
• Older adults: their immune systems may not respond as quickly and effectively to infectious organisms as when they were younger.
• Pregnant women: changes in metabolism and circulation may increase the risk of food poisoning, and a reaction may be more severe during pregnancy. It is possible (but rare) for the baby to get sick too.
• Infants and young children: their immune systems are not fully developed.
• People with chronic disease: Having a chronic condition reduces your immune system response (conditions such as diabetes, liver disease, or AIDS). Receiving chemotherapy or radiation therapy for cancer also thickens it.
Do you have a claim?
Food poisoning lawsuits are in the category of “defective product liability claims.” In other words, you bought a defective product that injured you.
Several circumstances will affect your case. To prove your claim, you must verify that the food was contaminated and the contamination made you sick. This can be difficult if there is a time delay between eating the food and the start of symptoms, as you may need help to prove which food you ate was contaminated. It is advantageous to have a stool sample studied that contains the same disease-causing microbes as in the contaminated food.
If a food poisoning outbreak and a government health agency get involved, your chances of having a solid case significantly increase. This could turn into a class action lawsuit, or if one is already filed, joining it (usually means no upfront costs).
Who is liable?
With a food poisoning claim, any party involved in the product’s distribution chain at or after contamination may be liable. You will trace the product’s path from the manufacturer to the distribution to customers. This type of case typically includes a food processing company, a retailer, and any suppliers, distributors, or wholesalers involved during the process.
