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Food Poisoning

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Food Poisoning: Understanding Causes, Liability and Damages

Food poisoning occurs when people consume contaminated food or beverages. It is a common public health problem, with the Centers for Disease Control and Prevention (CDC) estimating that there are approximately 48 million cases of foodborne illness in the United States every year, leading to 128,000 hospitalizations and 3,000 deaths.

Common Types of Food Poisoning and Their Impact

There are many different types of bacteria, viruses, and other pathogens that can cause food poisoning. The most common types of food poisoning include E. coli, Salmonella, Listeria, Norovirus, and Hepatitis A. Each of these pathogens has different symptoms and impacts on the human body.

E. coli, for example, can cause symptoms ranging from mild diarrhea to kidney failure, and can be especially dangerous for young children and older adults. Salmonella can cause similar symptoms, as well as fever and abdominal cramps. Listeria can cause fever, muscle aches, and even meningitis. Norovirus can cause vomiting, diarrhea, and dehydration. Hepatitis A can cause liver damage and even liver failure.

The injuries suffered from food poisoning can go far beyond a short duration illness and can have long-term impacts on the victim, such as chronic illnesses, kidney failure, and even death.

Liability for Food Poisoning

When someone suffers from food poisoning, there are several parties that may be liable for the injuries, including:

  • Food manufacturers: If a food product is contaminated with bacteria or other pathogens, the manufacturer may be held liable for the resulting injuries. This can include liability for defective design or manufacturing of the product, failure to warn about potential dangers, or failure to properly inspect and test the product before it is sold.

  • Restaurants and other food service providers: If a person becomes ill after eating food at a restaurant or other food service provider, the provider may be held liable for the injuries. This can include liability for improper food storage, preparation, or handling, failure to properly train employees, or failure to maintain a safe and clean environment.

  • Suppliers and distributors: If a supplier or distributor provides contaminated food products to a restaurant or food service provider, they may be held liable for any resulting injuries.

Recoverable Damages

When someone suffers from food poisoning, they may be entitled to compensation for their damages, including:

  • Medical expenses: This can include the cost of hospitalization, medication, and ongoing medical care related to the food poisoning.

  • Lost wages: If a person is unable to work as a result of the food poisoning, they may be entitled to compensation for their lost wages.

  • Pain and suffering: Food poisoning can cause physical pain, emotional distress, and other forms of suffering, and a victim may be entitled to compensation for these damages.

  • Wrongful death: If a person dies as a result of food poisoning, their surviving family members may be entitled to compensation for their losses, including funeral expenses, loss of financial support, and loss of companionship.

The Importance of Hiring an Experienced Food Poisoning Law Firm

If you or a loved one has suffered from food poisoning, it is important to hire an experienced personal injury law firm to handle your case. Phillips & Associates has been representing food poisoning victims for more than thirty years.  Our firm has the skills, resources dedication necessary to investigate the cause of the food poisoning, identify the liable parties, and pursue maximum compensation for your damages. We handle all food poisoning cases on a pure contingency fee basis so there is no up front fee for our services.  Contact us today for a free consultation on your case.


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