Victim of Food Poisoning? Understand Your Entitlements Under the Law

Victim of Food Poisoning Understand Your Entitlements Under the Law

Food poisoning causes the hospitalization or death of many people in the United States each year. In fact, according to the U.S. Centers for Disease Control and Prevention, roughly one in six Americans get sick, 128,000 are hospitalized, and 3,000 die of food borne illness each year.

Not only is food poisoning an uncomfortable ailment to undergo, but it can also wreak havoc on the body and finances in the form of medical bills or lost wages. In some cases, food poisoning can be severe enough to claim a person’s life. If you or a loved one has been the victim of food poisoning in Texas, you may be able to recover damages.

Causes of Food Poisoning

According to, food poisoning is most commonly caused by bacteria, parasites, mold, toxin, and contaminants. E. coli, salmonella, norvirus, and listeria are some of the more common types of bacteria and viruses that contaminate food and cause food poisoning. While symptoms may vary depending upon the type of food poisoning, common symptoms include stomach pains or cramping, diarrhea, fever, weakness, fatigue, vomiting, nausea, and headache. In some cases, food poisoning can have long-term effects, including kidney failure, chronic arthritis, brain and nerve damage, and death.

Food Poisoning and a Product Liability Claim

In the majority of cases, a food poisoning suit will fall within the realm of a product liability claim. A product liability claim refers to an instance in which a product (the food) causes a consumer harm or physical injury (food poisoning). In most cases, in order to prove that the food establishment, producer, retailer, food manufacturer, etc. was liable for your food poisoning, you will have to prove that the food you ate was contaminated, and that that contamination was the direct cause of your sickness.

Premises Liability Law and Food Poisoning

While pursuing a premises liability claim for food poisoning is not common, it is still possible. According to premises liability law, the owner of a property—whether commercial or residential—has a duty to ensure the safety and health of all those who enter the property. If you were served food beyond its expiration date or that was contaminated, this would constitute a restaurant failing to provide its patrons with a reasonable standard of care. The same thing applies to the home of a private citizen where you may have contracted the food poisoning; if a reasonable duty of care was breached, you may have a premises liability suit.

Types of Compensation You May Recover

While the types of compensation will depend upon the degree of negligence of the defendant as well as the severity of your injury, you may be able to recover compensation in the form of medical expenses, lost wages or future lost wages, pain and suffering, emotional distress, and more. In the case that food poisoning has claimed the life of a loved one, you may qualify for your family member’s lost wages, as well as funeral expenses, loss of consortium, and more.

Taking Legal Action

If you or a loved one has suffered from food poisoning, you may be entitled to compensation. Contact Tate Law Offices, P.C., today by calling 888-662-3892 for a free case review.

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