Food poisoning can be a distressing and debilitating experience, often leaving victims with severe health issues and mounting medical bills. The consequences can be significant, whether it’s a case of E. coli from raw or undercooked chicken or meat, salmonella from contaminated food like eggs, or norovirus from unsanitary food handling. But beyond the immediate health concerns, victims of food poisoning cases are often left wondering about their legal rights. Luckily, you might have the right to file a personal injury case for severe cases of food poisoning.
Understanding the legal landscape surrounding foodborne illnesses and food poisoning lawsuits is crucial for those seeking justice and compensation. At Byrd Davis Alden & Henrichson LLP, we understand the significant impact that foodborne illnesses can have on your health and finances. Allow us to explain the circumstances under which you can pursue a food poisoning lawsuit, the types of damages you might recover, and the steps you should take if you suspect your illness was caused by contaminated food.
Can You File a Food Poisoning Lawsuit in Texas?
While coming down with food poisoning does present an unpleasant experience, is it enough to warrant a lawsuit against the provider of these harmful foods? In some food poisoning cases, individuals may face severe symptoms that lead to a lawsuit alongside a significant recovery.
If the injuries are severe enough, victims might be able to sue for food poisoning and receive millions on the grounds of negligence. If you sue for food poisoning or foodborne illness, we can help you understand how to demonstrate another person’s liability.
How to Prove Liability for Food Poisoning
Many elements are necessary to prove legal liability if a consumer has food poisoning. If you decide to work with a food poisoning lawyer and sue for negligence, you can hold these liable individuals accountable.
You and other sickened parties can argue that a restaurant has a duty to serve patrons food that has been properly stored, adequately prepared, and is not contaminated with potential bacteria that can cause food poisoning.
Duty of Care
You must demonstrate that you were owed a duty of care by the restaurant owner or facility that gave you food poisoning. For the food industry, the duty of care includes the following:
- Maintaining appropriate food temperatures
- Regularly cleaning and sanitizing work areas
- Keeping allergens separated from other items when possible
- Hiring qualified employees
- Providing adequate training in food safety
- Properly disposing of contaminated food and other hazards in the workplace
Additional actions may also fall under the duty of care in the food industry.
Breach of Duty of Care
A lawsuit for negligence requires proof that the defendant violated its duty of reasonable care and that this violation was the cause of your damages. In a negligence lawsuit for food poisoning, you may need to prove that the restaurant failed to meet the safety standards generally required in the restaurant industry. These breaches may include allowing kitchen staff to prepare food using unclean utensils or storing food at an unsafe temperature.
It’s also a breach of duty of care to knowingly serve contaminated food or have an otherwise unsafe dining experience. Restaurants and other facilities know that eating contaminated food is dangerous for customers, and serving it is illegal.
Causation
In addition to demonstrating someone was negligent, you must prove that your illness was caused by the food served at the restaurant, not food from another source. This evidence can be obtained through food samples from the restaurant or testimony from workers who deal with sanitation standards.
In some cases, managers will order employees to serve questionable food to cut costs, and these employees can serve as resources to prove negligence. By connecting negligence to your suffering, your food poisoning lawsuit is much more likely to result in fair compensation.
Financial Losses
To receive compensation for your food poisoning claim, you must also demonstrate you have faced monetary losses, such as medical bills, lost wages, or other items with objective financial value.
Once you demonstrate you have faced financial losses and the other elements of liability are proven, you can also qualify to receive compensation for non-financial losses. These non-financial losses include pain and suffering, emotional distress, and other damages.
Do You Have to Go to the Hospital to Sue for Food Poisoning?
Hospitalization is not required if you want to sue for food poisoning. However, when filing a lawsuit, you will also have to consider the amount of damages suffered. While you won’t be able to file simply for discomfort or an inconvenience, you might also be able to prove sufficient need for compensation without a hospital visit.
If you can show that you suffered some form of damages through lost wages because of missing work, pain or suffering, or even mental anguish beyond the normal expected limits, you could recover compensation for these injuries.
While more uncommon than traditional personal injury lawsuits, foodborne illness injuries can cause severe repercussions in working individuals and families. However, managing the legal matters related to food poisoning can be difficult for victims. Therefore, if you have faced food poisoning and want to hold the liable individuals responsible for your losses, we encourage you to get in touch with a personal injury lawyer.
Contact Byrd Davis Alden & Henrichson LLP today to schedule a free consultation and receive invaluable support.
What Damages Qualify for Compensation in a Food Poisoning Claim?
If you have faced food poisoning symptoms due to another person’s irresponsible behavior, you likely qualify for compensation for your losses. You may receive a financial recovery in your food poisoning claim for the value of the following damages:
- Pain and suffering
- Lost income from taking time off work
- Past and future medical expenses
- In-home rehabilitation
- Court and attorney fees
- Travel expenses
- Emotional distress
- Punitive damages, especially if you contact the local health department and other law enforcement
Other losses may also qualify for compensation in certain circumstances. However, determining what losses are eligible for financial recovery can be difficult. Therefore, we recommend you work with an attorney, such as one from Byrd Davis Alden & Henrichson LLP. We can help identify additional qualifying losses, calculate the value of your claim, and maximize the compensation you can collect after being exposed to contaminated water or food.
What Should You Do After You Have Suffered Food Poisoning?
In any circumstances where you have faced bodily harm, you may feel confused or overwhelmed about what steps you should take next. And when you are open to legal action, you likely know taking cautious and calculated steps is essential. We have a few helpful recommendations if you need help deciding what to do next.
We encourage you to use the following steps and strategies during this confusing time:
- Seek medical attention as soon as possible
- If your medical team has recommendations for additional treatment or care, follow these suggestions as closely as possible
- Collect any evidence and keep it safe
- Stay offline and log out of any social media accounts
- Avoid discussing your legal matters with others, including strangers, friends, and family
- Share very little information with any insurance adjusters or involved parties
- Refrain from accepting settlement offers without support from a lawyer
- Speak only with your attorney about your case, and share as much information with your representation as possible
- Follow your lawyer’s recommendations for next steps
We encourage you to contact us if you need help finding medical providers willing to support you during food poisoning legal matters. When you retain support from Byrd Davis Alden & Henrichson LLP, we can walk you through your options or provide you with a referral to a trusted provider.
We also encourage you to contact us as soon as possible. When you work with us on your food poisoning claim, we will work hard to understand your needs and recommend additional strategies based on your unique circumstances. We at Byrd Davis Alden & Henrichson LLP look forward to supporting you during your food poisoning lawsuit.
Victim of Food Poisoning? Contact Byrd Davis Alden & Henrichson LLP for Support Obtaining Complete Compensation
If you have been subjected to foodborne illness or poisoning due to someone’s negligence, seeking the compensation you deserve is crucial. At Byrd Davis Alden & Henrichson LLP, our experienced attorneys are dedicated to helping victims of foodborne illnesses hold responsible parties accountable. We will guide you through every step of the legal process to ensure you receive fair compensation for your medical expenses, lost wages, and pain and suffering.
Don’t let the aftermath of food poisoning overwhelm you. Contact Byrd Davis Alden & Henrichson LLP today to schedule a free consultation and discuss your food poisoning case. Call us at (512) 454-3751 or complete our contact form at your earliest convenience. Let our team of skilled attorneys provide the legal support you need during this challenging time.
