Jan 3, 2023
If you’ve ever experienced a bout of food poisoning, you’re more than likely aware of how difficult the symptoms can be and how long the recovery process can take. Nausea, vomiting, stomach pain, diarrhea, and more are all too common during food poisoning and various other types of foodborne illnesses.
When you fall ill with food poisoning as a result of negligence on the part of a restaurant, grocery store, of even a food delivery service, how can you file a lawsuit to recover financial compensation for any hospital or medical bills, lost wages, or pain and suffering?
Below we will review everything you need to know about your legal rights and options after food poisoning or foodborne illness involving negligence. We’ll also provide important information on how to file a civil claim with Dordulian Law Group in pursuit of a maximum financial damages award for your injury.
According to the Centers for Disease Control and Prevention (CDC), there are five specific germs that are known to cause illnesses from food eaten in the United States. Those germs include:
Additionally, the CDC have compiled a list including dozens of germs that, while not known to cause as many foodborne illnesses as those above, are much more likely to lead to hospitalization in the event of an infection. Some of those common foodborne illness or food poisoning-related germs include:
While food poisoning can affect virtually anyone, some demographics are more susceptible than others to contracting such infections and viruses. Those who may be more at-risk for contracting a foodborne illness include:
Common foodborne illness/food poisoning symptoms that may be experienced include:
Any of the above symptoms are recommended to be assessed as soon as possible by a medical professional. By receiving medical care for your foodborne illness injury, you have a greater likelihood of being able to recover financial compensation in the event of filing a civil lawsuit.
Some serious symptoms of foodborne illness should never be ignored and require immediate medical attention. Those may include:
Simply acquiring an injury such as food poisoning doesn’t necessarily mean you’re eligible for financial compensation through a civil claim. California law stipulates that negligence must be proven in order to recover financial damages in a personal injury civil lawsuit.
For injured victims, this may seem like an impossible task – how can I actually prove that the restaurant, grocery store, or food delivery service was negligent and therefore liable for my food poisoning?
First, it’s important to note that all businesses which provide food to customers have what’s known as a duty of care under personal injury law. This means that restaurants, grocery stores, and food delivery services have a legal obligation to not serve harmful or contaminated food to customers.
Additionally, these businesses are responsible for the actions of their employees. If a cook or chef is ill and comes to work, he or she could contaminate countless meals being served to unsuspecting customers.
By hiring a personal injury lawyer from Dordulian Law Group (DLG) after your food poisoning incident, we will fight to prove negligence on the part of the responsible party and recover the financial compensation you deserve.
California law provides injured victims of food poisoning with the opportunity to file civil claims under what are known as product liability laws. As a consumer, the food in restaurants, grocery stores, and containers delivered by delivery service workers must be free of any pathogens or bacteria that could cause it to be contaminated and therefore lead to infection.
If you believe you’ve been a victim of food poisoning, there are a few important tips to keep in mind:
While it may seem like liability for your food poisoning claim is a straightforward matter, the responsible party may not actually be the restaurant or grocery store where you procured the product. For example, depending on the circumstances, food suppliers (vegetables, fruits, meats, etc.) and even ingredient makers could ultimately be found to be responsible for your illness.
That’s one of many reasons why hiring a skilled and proven personal injury attorney as soon as possible after a foodborne illness can be so important.
Some common examples of food poisoning injury lawsuits (claims) may include:
Food poisoning victims who are injured as a result of another party’s negligence or carelessness may be eligible to recover significant financial compensation for various losses. If you’ve been injured in a foodborne illness or restaurant food poisoning incident within the past two years, you may have a valid claim for a number of compensable damages.
Some common damages that may be recoverable after a food poisoning injury include:
In the event of a restaurant, grocery store, or food delivery service demonstrating a pattern of wanton disregard for the health and safety of others, punitive damages may also be sought in a food poisoning lawsuit. While rare, punitive damages are not capped in the state of California. DLG pursues punitive damages in all applicable cases.
DLG’s food poisoning/foodborne illness lawyers are available 24/7 for free consultations.
Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.
Proving negligence in a food poisoning lawsuit can be a challenging task requiring specific skills and a level of experience that can only be found with certain personal injury lawyers. At DLG, we have a great deal of experience successfully handling foodborne illness personal injury claims and helping injured victims like you recover the maximum financial compensation they deserve.
Before trying to prove your foodborne illness claim on your own, you might want to consider the findings of a recent study by the Insurance Research Council (IRC). The IRC’s data confirmed the following important details for injured food poisoning victims:
DLG is a top-rated and proven California personal injury firm led by former Deputy District Attorney for Los Angeles County, Sam Dordulian. With more than 25 years of experience and a 98% success record, Dordulian and his team have helped injured victims recover more than $100 million in settlements and verdicts.
For a free, discreet, and no obligation consultation, contact a member of our dedicated team today at 818-322-4056. There is never any fee until we recover maximum financial compensation for your food poisoning claim.
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