Unfortunately, most people who get food poisoning aren’t aware that they can be compensated for their suffering by contacting a foodborne illness lawyer.
They may suffer severe symptoms that could be the fault of a restaurant or food provider. Food poisoning can become dangerous and lead to bloody diarrhea , severe dehydration, and death. The vast majority of consumers feel victimized and helpless when this happens, but justice can be done for you and also for many others to prevent the food producer to become responsible and expose unsafe or unsanitary practice.
There are three points that must be proven in any state of the U.S. in order to make a successful claim:
1) Fault : That the food producer, processor, or distributor mishandled the processing, preparation, storage, or handling of food.
2) Causation: That it was the seller or producer of the food that caused the food to be contaminated or spoiled and that the said food actually caused the illness.
3) Damages: There were significant harms and losses suffered by the injured party as a result of consuming the food product. Although food poisoning lawsuits can be complex and are based on science, it is quite possible to prove malpractice or negligence with the help or testimony of doctors, microbiologists, epidemiologists (authorities on public health and illness), and food safety and sanitation experts.
An expert food poisoning attorney (LINK) can effectively defend you and your rights and should have access to the best experts who can prove your case. Some causes that you can claim in court include:
1) The food contained a harmful or poisonous substance to cause the food to be damaging to your health.
2) It contains, intentionally or not, an added substance that the FDA considers unsafe.
3) The food was contaminated, diseased, decomposed, or unfit for human consumption.
4) Production of the food (or processing, preparation, packaging, or holding) was under unsanitary conditions or exposed to other poisonous or harmful substance that made the food unfit for consumption.
What you should do if you have food poisoning:
1) Get medical assistance immediately. Insist that the doctor take tests such as stool, blood, or other bodily fluids. The doctor must find the pathogen or substance responsible for the poisoning. This should be done before treatment commences, such as antibiotics, which may destroy the pathogens before identification is possible.
2) Make sure you save all your receipts, credit card slips, empty food cartons, and any other evidence that can be used in court.
3) Once you know the exact pathogen, it is possible to know when you consumed the harmful food This is because pathogens have incubation periods, meaning there is a certain time between when you consumed the food and when the first symptoms appear.
4) Report the findings to your local or state department of health. This will also help to find other people affected.
5) Various lab work is done by experts in the field, analyzing the pathogens like detectives, hypothesizing the potential source.
6) Save all your medical bills to help show damages in court. A great food poisoning attorney will research and let you know if you have a good case, as well as tell you the average time and expense of pursuing it.
If you or a loved one has suffered from contaminated food please contact an experienced Orange County Personal Injury Lawyer to help.