Every year, more than 125,000 U.S. residents require hospitalization due to food poisoning. A significant proportion of contamination-based illnesses in the United States is large-scale food poisoning outbreaks resulting from the distribution, sale, and consumption of tainted, mass-produced products. These products range from produce to poultry and ready-made salads and sandwiches. Another significant cause of mass outbreaks involves restaurants and eateries that fail to sanitize their facilities properly.
Individuals who have suffered devastating medical health issues due to the consumption of contaminated products are entitled to financial recovery from all at fault parties. At the top-rated Normandie Law Firm, we are proud to provide legal representation for victims of food poisoning across the state of California, including Los Angeles, the Inland Empire, and San Diego.
Legal Assistance: Our experienced lawyers with experience in food poisoning cases can assist you in your claim. To reach our qualified legal representatives, feel free to contact our law offices toll-free at (800)790-5422. All confidential legal consultations are provided free of charge.
What Is A Food Borne Illness?
A foodborne illness, sometimes abbreviated as FBI, is an illness caused by food that is either ill-prepared or contaminated in some way. In most cases, foodborne illnesses are directly caused by the poisons secreted by a germ that has manifested on food that has been poorly handled. In most cases, foodborne illnesses go undiagnosed as many victims of foodborne illnesses fail to seek medical attention. For this reason, foodborne illnesses are considered to be far more widespread than is currently reported. Most foodborne illnesses inflict victims with symptoms like diarrhea, nausea, and fever. A list and a brief explanation of the most common foodborne outbreak illnesses contraction in the United States is provided below:
- Salmonella: Nearly 1.5 million cases of salmonella take place every year. Common causes of Salmonella poisoning include undercooked eggs, raw milk, and poultry. Salmonella is more common in the summer than in the winter, and children and young adults are more susceptible because of their weaker immune systems.
- E. Coli: A particular strain of E. Coli known as O157: H7 can cause severe medical health issues including bloody diarrhea and kidney failure. E. Coli is often caused when a victim comes into contact with the feces of humans or animals. This can occur when you consume food or water that has been contaminated by feces.
- Hepatitis: Hep A B and C outbreaks result in thousands of hospitalizations each year. Hepatitis is a permanent ailment which can lead to liver failure. The symptoms and treatments for Hepatitis vary and is often determined by laboratory tests.
- Listeria: This bacterial agent is one of the deadliest forborne illnesses resulting in a fatality rate of nearly 20%. Listeria is often caused by the consumption of contaminated food and is more likely to infect pregnant women, newborns, and adults 65 or older.
- Norovirus: These outbreaks can take place on Cruise Ships, hospitals, and fine dining restaurants. Norovirus is highly infectious and is responsible for more than half of all food-borne illness outbreaks each year.
- Shigella: A bacterial agent is known to cause severe cases of diarrhea and gastroenteritis. Every year up to 450,000 cases of shigella is documented in the United States accounting for 18-25% of all cases of food poisoning. Some who are infected with Shigella can experience no symptoms but are still infectious and can pass on the bacteria to others.
Steps To Take if You Have Suffered An Illness
If you or a loved one has suffered from the effects of a foodborne illness from a restaurant or eatery and you hope to file a food poisoning lawsuit, certain steps need to be taken to ensure you have a successful case. The steps that should be taken immediately after you succumfoodborneborne illness are as follows:
- Seek medical attention as soon as possible. A documentation of your injuries and the specific testing determining exactly what viral or bacterial agent is causing your injuries is significant evidence that can be used to support your claim for compensation.
- Do not discard the food that was consumed. Place it in air tight sealed plastic bag away from other foods. Do not throw away any receipts.
- File a claim with your local Health and Safety Agency.
- Contact an accomplished attorney with expertise in food poisoning injury lawsuits to learn more about your right to recovery under the law.
These steps will help you or a loved one in successfully suing a restaurant or grocery store for the inflicted damages of any form of food poisoning. For example, if you are diagnosed with salmonella because of poorly prepared food at a restaurant, it is recommended that you seek out medical attention, document your injuries, keep the food that injured you, and contact a Salmonella poisoning lawyer to help with your restaurant caused Salmonella poisoning lawsuit. These steps should be taken immediately, as the sooner you wait, the greater chance you have of the restaurant or grocery store owner disputing the connection between your illness and the food that they prepared.
Contaminated Food Outbreak – Mass Injuries and Class Action Lawsuits
In some instances, outbreaks of forborne illnesses result in severe harm to dozens if not thousands of consumers. In those circumstances, class action lawsuits can be filed against all liable parties. A class-action lawsuit selects one member of the class as a representative for all other class members. A skilled attorney with experience handling food poisoning claims can help you start this class-action lawsuit. The class representative will take part in the trial on behalf of all other victims. Class action lawsuits require certification by a court based on the showing of several factors.
- Commonality: There exists an issue of either fact or law amongst all members of the class.
- Numerosity: There are a large number of victims.
- Adequacy: The class representative has the resources and legal help to adequately represent the issues of the other class members.
- Typicality: Claims of the representative against the defendant are typical of the entire class.
Filing class action lawsuits in cases of large foodborne illness outbreaks can be somewhat challenging due to the varying range of symptoms and drastic differences in the severity of the injury amongst those infected. In most instances, single party claims are filed instead of mass tort class actions, as the likelihood of a single party claim finding success is a lot higher. An experienced attorney can give you more information.
Infections and Illnesses Resulting in Fatalities
Sadly in some cases, victims die as a result of severe cases of food poisoning. In these instances, wrongful death lawsuits can be filed against the party at fault. Young children, individuals with compromised immune systems and the elderly are particularly susceptible to suffering severe medical complications resulting from the contraction of food borne viral and bacterial agents. In the state of California, certain relatives of the deceased have the right to file a wrongful death cause of action against all liable (at fault parties). Filing a wrongful death by food poisoning lawsuit requires the same proof of fault requirements that all wrongful death cases require. To prove the defending party was at fault, the plaintiff (damaged party) must demonstrate that the defendant acted either in negligence or intent to harm, the monetary suffering of the surviving family members as a result of the death, and the appointment of a representative for the decedent’s estate. Once these elements can be properly defined, the injured party can move forward with a wrongful death lawsuit and claim proper compensation for their damages.
The right to Compensation for Injured Victims: Injured victims of food poisoning have the right to compensation for all harms suffered stemming from the negligent, wrongful or intentional acts of liable parties. The settlement value of a food contamination claim is based on several important factors including
- The level of harm suffered – cases involving multiple days in the hospital and severe long-term or permanent disability.
- Future medical and health-related costs including rehabilitation expenses.
- Pain and suffering compensation – including emotional trauma and PTSD, or post-traumatic stress disorder.
- Loss of wages and loss of future earning capacity due to persistence side effects of the illness.
- Availability of punitive damages – Punitive damages are awarded when the at-fault party acted with intent, malice, or reckless conduct resulting in the injuries suffered. Punitive damages are meant to punish the liable party to change future behavior dangerous to the consumer. Only an attorney who has experience in food poisoning cases will be able to win these damages.
About Our Law Firm
The top Normandie Law Firm has years of experience in protecting the rights of individuals who have suffered harm or illness due to the negligent or wrongful actions of food processors, manufacturers, distributors, and restaurants. Our Los Angeles food poisoning lawyers can help you get the compensation you deserve for your damages. Under our zero fee guarantee policy, all of our clients only pay for our services once their case is won in court. Every one of our clients is also offered a free consultation as well as free second case reviews.
Contact Normandie Law Firm to speak with an expert lawyer experienced in food poisoning cases.
More Information Regarding Food Poisoning and Restaurant Cases
Average Case Value of a Food Poisoning Lawsuit
