Updated on August 23, 2016
Types of Lawsuits for Food Poisoning
Every lawsuit results from somebody doing something wrong. If everybody did right, we wouldn"t need laws.–Alan Dershowitz
Food poisoning has reached the headlines every now and then which resulted to a massive number of victims from this devastating event. A number of restaurants were shut down as lawsuits were fired at them.
Customers have the right to sue the particular restaurant, grocery and other food distributors according to the legal theories and the circumstances of their condition.
Now, let"s try to dig deeper about the possible legal theories that could support your claim if ever you encounter a food poisoning event.
A business has a duty to exercise reasonable care. It means that the establishment has a duty to maintain a sanitary environment and be extra careful in making or distributing food products. A negligence claim can be filed once you have proved that the distributor such as a restaurant has breached its duty by making contaminated food that made you sick. For example, a dirty kitchen and unsanitary storage method can be strong evidences.
To further support your claim, you need to verify that it was the particular establishment"s food that you have eaten and nothing else. Just the account of getting sick can put this claim into motion.
Breach of Warranty
Most states have implied warranties or minimum standards on products and the contaminated food which caused the food poisoning can create a violation of those warranties. The affected consumer can claim that the food did not conform to his or her expectation which doesn"t meet the minimum specifications.This could ultimately sue the establishment for breaching the implied warranty by producing food that is not fit for human consumption and unreasonably dangerous.
Strict Products Liability
Many states have forms of strict product liability laws. These can relieve you of any burden of requirement of showing lack of reasonable care. You just need to prove and show some evidence that the contaminated food from the establishment was the root cause of your sickness. You can undergo some tests (PGFE) as strong evidence against the business which is the easiest way for your claim to be processed.
Possible Damages Involved
The possible damages that can be incurred from an incident of food poisoning are the following:
- Medical bills
In some rare occasions, a victim could experience some fatal complications which can result to death. The remaining family members of the victim may file a wrongful death claim against the establishment.
If you are involved in a mass outbreak of food poisoning, you may be able to group together with the other victims and file a class action lawsuit. You consult with a lawyer to find out if there are any existing class action and if it"s advisable that you would join.