Can I Seek Compensation for Food Poisoning?
Posted on September 6, 2021 in General
Ingesting foods or beverages that have been inadequately prepared or that are contaminated could lead to food poisoning. However, can an individual recover compensation if they sustained food poisoning as a result of the careless or negligent actions of others? Here, we want to discuss how individuals may be able to recover compensation for food poisoning through a personal injury lawsuit, a premises liability lawsuit, or a product liability lawsuit.
Who Can be Liable for Food Poisoning?
In order to look at what type of lawsuit can be filed for a food poisoning case, we have to examine the possible liable parties for these situations. The reality is that we eat food daily, and there are many individuals and companies that interact with our food before it even reaches our mouths.
- Restaurants. A restaurant might be liable for damages caused by food poisoning. If a customer gets sick after eating at a restaurant, they will have to prove negligence on the part of the restaurant or the employees. Restaurants owe a duty of care not to serve contaminated food, and if it can be proven that their actions caused the food to become dangerous, it may be possible to file a lawsuit. Restaurants could be responsible for food poisoning if they fail to properly store or prepare food for consumers.
- Companies or manufacturers. Various companies are involved in the growing, processing, and manufacturing of food products sold and distributed throughout Oregon. Under Oregon law, food service companies that provide products with bacteria or other pathogens that could cause illness may be liable for damages to consumers.
- Grocery stores. A grocery store could be held responsible in some food poisoning scenarios. In most cases, grocery stores are not responsible for producing the food on their shelves, but they are responsible for ensuring that they provide food that is not past the expiration date. Additionally, grocery stores could be held responsible for failing to pull recalled products from their shelves. Finally, grocery stores are often responsible for producing ready-to-eat food on the premises. If this food is contaminated, they could be held liable for food poisoning damages.
Working With an Attorney
If you or somebody you care about has contracted food poisoning, it is crucial that you seek medical care immediately. You need to begin to document every meal you have had leading up to the food poisoning incident to try and establish a timeline of events.
A food poisoning case in Oregon can become incredibly complicated, particularly when trying to determine who should be held responsible for the incident. It is crucial for you to work with a skilled personal injury lawyer as soon as possible in order to recover the compensation you are entitled to. An attorney can use their resources to conduct a complete investigation into the food poisoning incident and figure out which parties should face a lawsuit.
In some cases, these lawsuits may follow the traditional personal injury route. However, for incidents that occur at restaurants, it may be reasonable to file a premises liability lawsuit. If a company or manufacturer provides tainted food that leads to food poisoning, this could result in a product liability lawsuit. Please let a skilled attorney examine your case and help you move forward in the right direction.