Are you suffering from food poisoning? From relatively minor stomach bugs to serious conditions like E. coli, listeria, and salmonella, food poisoning affects millions of Americans each year. If you have a foodborne illness, you might be wondering if you have a legal case, depending on the circumstances of your illness and whether a government health agency has explicitly stated that a particular food item has led to an outbreak. Read on to learn more about food poisoning claims.
According to the CDC, foodborne illness affects 48 million people each year. 128,000 people are hospitalized and 3,000 food poisoning victims will die. There are two major causes of foodborne illnesses.
The first is the known foodborne pathogen. There are 31 different types of parasites, bacteria, and other pathogens proven to cause foodborne illness, many of which are regularly tracked by the CDC. The most common severe foodborne pathogens include salmonella, norovirus, E. coli, campylobacter, and toxoplasmosis. Listeria is less common but often proves fatal.
The second is the unspecified agent, which are pathogens without enough data to estimate the extent of the problem. These may include microbes, chemicals, and others, and begin by causing acute gastroenteritis – the most common symptom of food poisoning. The vast majority of foodborne illness falls into this category, which can complicate the process of diagnosis and treatment.
If you have eaten food that has made you sick, you may be eligible to file a defective product liability claim with the help of a San Bernardino food poisoning attorney from Estey & Bomberger. Strict product liability requires the victim to show the food’s contamination and that this contamination caused your sickness.
You may also be able to file for negligence. Negligence means the food manufacturer or supplier was not reasonably careful in making or distributing the food product, which was contaminated and made you ill.
Finally, you may also be able to file a breach of warranty claim. For example, if the product makes a claim such as “triple washed” and does not hold itself to that standard, they may be liable if you contracted food poisoning as a result.
If liability can be proven at any step of the process – from slaughter to butchery, from preparation to restaurant serving – you are that much closer to attaining the compensation you deserve for your struggle.
If you suspect food poisoning in yourself or a loved one, don’t wait. Start by seeking medical attention, especially if you have symptoms like severe pain in the chest or abdomen, blood in vomit or diarrhea, a weakened immune system, fever, rapid heart rate, confusion, and others. Ensure your doctor tests blood and stool samples, which will allow him or her to identify the pathogenic cause of your illness.
Be sure to find a viable attorney who can help. A lawyer will be able to guide you through the process, allowing you to report the foodborne illness to San Bernardino County or another local health department, which will allow them to investigate while evidence is still readily accessible. An attorney will also be able to provide expert legal advice about your case, including steps you should take to gather evidence.
If you’re a resident of San Bernardino suffering from food poisoning, Estey & Bomberger can help. Our food safety attorneys have a longstanding track record and have attained millions of dollars in compensational funds for our clients. These funds will help get your life on track after long hospitalizations, extensive medical bills, and other costs of illness, and with the right legal assistance, we’ll help ensure you don’t settle for less than you deserve.
If you need more information or would like to speak with a legal representative, contact us today to learn more about how we can help.
We serve all of San Bernardino County, including Apple Valley, Barstow, Big Bear, Chino, Fontana, Ontario, Rancho Cucamonga, Redlands, Yucaipa, Victorville and all of the Inland Empire. Give us a call at (909)693-3631 to schedule an appointment.