Most everyone has experienced an upset stomach after eating in a restaurant and probably wondered if you have experienced food poisoning. Food poisoning can make an individual extremely sick but can often be difficult to prove. Our knowledgeable attorneys can help you understand the criteria necessary to decide if you have a potential food poisoning claim.
How Do I Prove I Have Food Poisoning?
Many times symptoms of the flu and food poisoning are very similar and more information is needed to determine your medical condition. Some of the symptoms of the flu and food poisoning both include nausea, upset stomach, stomach cramps, vomiting, high fever of over 102°F, and diarrhea. The first step in finding out if you have been sickened by tainted food is to go and obtain medical treatment. Your physician may order medical tests such as a stool culture or an examination to determine if you have parasites, or a blood test. In a personal injury claim that involves food poisoning, the plaintiff may have the responsibility to prove that the restaurant did not uphold food safety standards. It would also be necessary for the plaintiff to prove that this negligence caused the individual to sustain damages such as the inability to work.
What Type of Lawsuit Can I Bring for Food Poisoning?
Negligence: A type of lawsuit that is common in food poisoning lawsuits. The individual filing the lawsuit has the burden to prove that the business caused the food poisoning due to negligence such as unsafe food practices. This can often be difficult in these types of cases as the plaintiff must also prove that the business’s food and not food from another source caused the illness. Simply having an upset stomach or not feeling well after eating at an establishment is not enough to merit filing a case.
Strict product liability: This is another method of filing a claim for a case of food poisoning. In a strict product liability case the plaintiff must be able to prove that the food served was contaminated and unsafe to eat and that it caused the illness.
Breach of Warranty: Another option in a food poisoning case is a breach of warranty. Many states have strict requirements that products must meet minimum standards, also known as implied warranties. Contaminated food could fall into the category of a breach of warranty.
Do I Need to Have an Attorney to Sue for Food Poisoning ?
Technically, you do not need an attorney to file a product liability claim, which is a resource available to anyone who feels that they have experienced a case of food poisoning due to negligence. However, it should be stressed that proving your case without the assistance of an experienced attorney can be extremely difficult to do on your own. Food poisoning cases can be very complicated and confusing to navigate on your own without legal experience.
Oftentimes in cases of food poisoning the victim is left with expensive medical bills and experience serious financial issues from time off of work, and other conditions related to being sick. You need the expertise of an experienced attorney who can explain your legal options and how best to proceed. Contact us at (301) 589-2999 and schedule an appointment to discuss your potential case.