Macon Food Poisoning Attorney
August 7, 2020
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Food poisoning outbreaks make national headlines often in the U.S. In 2015, for example, Chipotle received a high level of negative press after E.coli and norovirus food poisoning incidents were linked to several of its eateries. Hundreds of people came down with serious food poisoning in several states, and at least 40 Mexican restaurants were closed. If you have gotten ill from food poisoning and suffered pain and injury in Georgia, you could wonder whether you have a personal injury case. Whether you do or not depends on the exact circumstances of your illness. For instance, a time delay between when you consumed a food and when you got sick could complicate things in determining which food caused the illness. But if a federal or state health agency has said a certain food item that you ate was part of a food poisoning outbreak, a personal injury claim could be easier.
What To Know About Food Poisoning LawsuitsTo have a chance at a successful food poisoning lawsuit, there are three elements to understand:
- The legal theories that can provide the basis for the claim
- How to prove a food poisoning case
- Which entities to sue.
Food Poisoning Theories of LiabilityA food poisoning lawsuit generally is considered a defective product liability lawsuit. The concept here is that you were sold a defective food product that poisoned or injured you. The most frequent legal theories in these types of cases are:
- Strict product liability: Most states have strict product liability laws. These laws mean you do not have the burden of showing that the food manufacturer or supplier of a bad food product was not careful enough in making or distributing the food. You need to show only that the food item you consumed was somehow contaminated and that this contamination caused your food poisoning.
- Negligence: You could argue that the defendants in your food poisoning case acted in a negligent fashion in supplying or manufacturing the food that made you ill. To prove negligence, you need to show that the defendant was not sufficiently careful as they made or distributed the food that made you ill.
- Breach of warranty: Many states have minimum standards of all types of products, including foods, and any contamination of the food product in your case could be a violation of a warranty. Also, the food contamination could be a violation of an express guarantee by the processor of that food.
Proving Your Food Poisoning ClaimProving a food poisoning claim is often the biggest challenge. The Mann Law Firm has ample experience in food poisoning cases and may be able to help you prove your claim. Generally, two things need to be proven to win a food poisoning lawsuit:
- The food you consumed was contaminated.
- The food contamination made you ill.