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.
These 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.
The most common pathogens found in contaminated food and water in the U.S. include:
- Escherichia coli (E. coli)
- Clostridium perfringens (C. perfringens)
- Staphylococcus aureus
- Campylobacter (campylobacteriosis)
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.
The most common signs and symptoms of food poisoning include:
- Upset stomach
- Abdominal cramps/pain
- Diarrhea (watery or bloody)
Emergency food poisoning symptoms include:
- 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
- Tinging 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 Orlando food
poisoning attorneys 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 you 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
One of the most difficult aspects of filing a food poisoning lawsuit is
identifying and proving the source of your illness. For example, if you
ate breakfast and lunch at home before going out to dinner at a restaurant,
how can you prove that your food poisoning the following day came from
the restaurant and not the meals you prepared yourself?
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.