Do You Have A Food Poisoning–Related Personal Injury Case?

When you read the words "personal injury," your mind probably jumps to car accidents, at-fault drivers, and negligent property owners. But personal injury suits actually cover a much wider range of situations than you might think, from dog bites to nursing home abuse to food poisoning cases.

Everyone has experienced a case of the stomach flu that might have been food poisoning, and it doesn't occur to most people to sue—after all, most mild food poisoning cases aren't strong enough to warrant a lawsuit. However, severe food poisoning cases can be cause to sue if they put you or a loved one in a hospital, leaving you with thousands of dollars in medical expenses.

Food poisoning cases can be harder to prove than many other types of personal injury claims. Below, we'll talk about when you can sue for food poisoning, what type of evidence you need to prove your case, and how a personal injury lawyer can help you decide if you have a firm food poisoning–related personal injury suit.  

Food poisoning is transmitted through viruses and bacteria that contaminate food. Symptoms include vomiting, diarrhea, and cramps; in severe cases, symptoms could cause dehydration or other serious side effects that could land you in the hospital.

At home, you protect yourself from food poisoning by cooking meat all the way through, storing food correctly, and washing your hands before you eat. Restaurants are held to an even higher standard since they serve food to dozens—or even hundreds—of people per day.

Food poisoning is most dangerous to the elderly, children, and people with compromised immune systems. These groups of people are much likelier to end up in the hospital for food poisoning and can experience more extreme symptoms, such as seizures.

If you got food poisoning from food you consumed at a restaurant, the restaurant is technically liable for your illness and any medical expenses that result. However, providing liability in a food poisoning case is often more difficult than proving liability in, say, a clear-cut car accident case.

For instance, some foods are more likely to cause food poisoning than others. That's why, if you eat at a sushi place or a breakfast joint that serves eggs over-easy, you'll notice a warning at the bottom of the menu explaining that consuming raw fish or eggs can increase your risk of foodborne illness. If you intentionally consume food that ups your food poisoning risk, the restaurant itself doesn't necessarily have liability for any resulting illness.  

Food poisoning symptoms likely won't strike until hours—or even days—after you consume the contaminated food. And, unless you can get a sample of the contaminated food, you'll have a hard time proving that the restaurant food was responsible for your illness.

Fortunately, in most cases, food poisoning isn't severe enough to warrant legal action. And when it is, chances are that multiple people were affected. If you can track down the other victims who were hospitalized, you can work together to hold the restaurant responsible.

A personal injury lawyer can assess the facts of your case and figure out if you have strong-enough evidence to pursue a claim. He or she can also work with you to track down other victims and document the evidence that backs you up.

Do you think you have a food poisoning claim in Wisconsin? At Osinga Law Offices, S.C., we're here to help. Contact us any time; we'll discuss your food poisoning case and help you determine how to move forward.