Call Now 202-960-4596
In short, yes, you can file a personal injury lawsuit for food poisoning. Food poisoning cases, in general, however, are not so straightforward. You will need to prove that the at-fault party, either the restaurant, food supplier, or manufacturer, is responsible for serving you contaminated food. And that is easier said than done.
Fortunately, contacting a Washington, DC food poisoning attorney at Regan Zambri Long can help you with your claim. Learn more about the factors that your lawyer will need to show in order to prove that the contaminated food caused your losses.
Food poisoning claims often fall under product liability law. The producer or seller of the product, in this case, a restaurant or food manufacturer, has the implied responsibility of ensuring the product is safe.
To bring about a food poisoning lawsuit, you must be able to prove that the food provider breached their duty of care owed to you as their consumer. Additionally, you must be able to prove that this breached duty of care occurred because the food provider failed to take reasonable measures to ensure the safety of their products and that this breach was the direct cause of your illness.
For example, you have a meal at a local restaurant in downtown DC. While eating the food, you noticed that it tasted a little strange, as if wasn’t cooked properly. The next day, you are violently ill and go to the hospital for treatment. The hospital ran tests and determined that you had eaten contaminated food. You later discover that the restaurant had recently received several health code violations for not handling food properly in the kitchen.
In a scenario like this, your food poisoning lawyer will show that the restaurant has failed to protect you from harm. Because the proper food preparation guidelines were not followed, it resulted in your injury and you suffered a loss.
A medical professional will test the stool or blood of an injured person to determine the source of the food poisoning. A stool sample will indicate whether a food poisoning bacteria or parasite is present.
A blood sample can determine electrolyte levels, as well as check kidney function. If symptoms are severe or there are signs of possible complications, a complete blood count may be performed. Liver function may also be checked if there are suspicions of hepatitis infection. Blood tests are also used to rule out any medical suspicions or underlying conditions.
While the specific pathogen may vary, the most common symptoms of food poisoning are:
In severe cases, a victim of food poisoning can experience symptoms such as difficulty breathing, paralysis, stroke, heart attack, pancreatitis, colitis, meningitis, reactive arthritis, and, in rare cases, death.
Much like any personal injury case, you are responsible for proving that the food provider’s actions caused your damages. This can be difficult since symptoms of food poisoning can take days to even show, which makes it difficult to determine which food is responsible.
Another setback is the severity of your symptoms. Most food poisoning cases aren’t severe enough to justify the expenses.
To determine whether it is worth filing a lawsuit in DC, you’ll need to answer the following questions:
This why it’s in your best interest to speak with an experienced DC food poisoning attorney at Regan Zambri Long. We will investigate your case and determine what the best course of action. Contact us today to schedule a free consultation.
If your food poisoning case is severe enough, you could be faced with an onslaught of hospital bills, future medical expenses, prescription medication fees, lost wages, and other financial damages due to your illness. Your food poisoning lawyer would ask for economic or actual damages to recover compensation for these expenses in a food poisoning lawsuit.
Pain and suffering or emotional distress resulting from the trauma of severe cases of food poisoning can be alleviated with an award of non-economic damages in personal injury cases.
If the negligence of a food supplier or restaurant is blindingly egregious, to sue that supplier or restaurant for food poisoning for punitive damages and compensatory damages is something your personal injury attorney can help you with.
The amount of money a food poisoning lawyer can win in a food poisoning lawsuit depends on the negligence of the restaurant or vendor and the severity of the illness. In one case involving listeria infection and the deaths of infected people, millions of dollars were awarded to the victims or their families. In another case involving an E. coli infection at a national chain, millions of dollars were awarded as well.
Food poisoning lawsuits are not cut and dried. Initiating a legal claim for an uncomfortable but fleeting illness due to eating food at a restaurant that has been contaminated does not necessarily mean you should sue for food poisoning. In situations where an infected person is really suffering and in need of medical treatment, an experienced personal injury attorney who understands the importance of food safety, will help you file your food poisoning lawsuit, prove negligence, deal with the insurance company, obtain medical records, gather medical bills, and fight for fair compensation for your personal injury claim.
If you are considering a food poisoning lawsuit in Washington, DC, we can help. Contact a DC personal injury lawyer at Regan Zambri Long today to schedule a free consultation. There is no fee unless we win your case.
Tagged food poisoning lawsuit 