You might feel really sick right now as you read this article and likely you are wondering if you can sue the restaurant or place where you purchased the toxic food substance. In this article I will break down and cover some of the legal aspects of a food poisoning personal injury case.
Here's the thing. It is very difficult to prove that you became ill from a particular food substance. Perhaps you saved the left overs and have them as evidence and let's say you even went so far as to have the food tested in a lab that indeed confirmed the presence of bacteria. It is really easy for the defense to argue that the food in question bred bacteria due to your own negligence and as a result of you leaving the food unrefrigerated so that bacteria could grow. If cases like this were heard and ultimately won by plaintiffs that did such an unscrupulous thing - there would be no end to senseless and baseless litigation against food purveyors and restaurateurs.
You likely are very upset that you became ill as a result of food poisoning. I know from personal experience that getting sick from something you ate is beyond aggravating and if you're anything like me, you've taken this unfortunate experience quite personal. You likely have missed work, important appointments and family functions due to being required to stay near a toilet or a puke basket. This is no fun. More often than not we just let the bug run its course and get back to our daily lives with that little voice in the back of you mind saying "I'll never eat at that place or that food again - EVER".
It is also really difficult to discern the difference between food poisoning and a flu of sorts. So in personal injury cases involving food poisoning, it is very important that the attorney handing the case and the plaintiff have substantiated evidence and a righteous argument for remedy and compensation. Of equal importance is the protection of future patrons or persons who may also become ill due to a restaurant's negligence and less than healthy handling of their food products.
These are some symptoms of a potentially life-threatening food poisoning event:
Have you been hospitalized for food poisoning in Los Angeles? When hospitalization or medical attention is required in an emergency room due to food poisoning, you may wish to pursue legal remedy as well as set a precedent with the establishment that caused this so as to prevent others from becoming ill.
Here is some information on a landmark food poisoning case. A Texas jury awarded the Castellano family a total of $1,100,000.00. In this case, the Texas Department of State Health Services identified food produced by SanGar Fresh Cut Produce as the source of listeriosis infections diagnoses in at least ten Texas residents over an 8-month period. The culprit: Listeria Monocytogenes. The reason I bring up this case is because the defendant had a documented history of infecting others via food poisoning. When there are instances of multiple people becoming seriously ill as a result of food handling and food care negligence on behalf of the defendant(s) as well as a documented history of events on record by health professionals and food care oversight organizations, your likelihood of succeeding in a food poisoning personal injury lawsuit increases substantially.
It's not to say that your one-off event is not of importance or that it would not carry weight, especially and again if a serious illness resulted from the poisoning but when multiple people have fallen ill repeatedly over time, this is when the courts are most likely to rule in favor of the plaintiffs. If you have become seriously ill due to food poisoning in Los Angeles or California, please call me to discuss your legal options. I am available by phone or email and do not charge for consults. The Ehline Law firm also is a no-win no fee personal injury firm based in Los Angeles that has handled numerous food poisoning cases.