Davis Food Poisoning Attorney
Davis Food Poisoning Attorney
I’m Ed Smith, a Davis Personal Injury Attorney. There are many different kinds of pathogens or bugs that can be lurking in the food you eat and that can make you extremely ill. Many foodborne illnesses or food poisoning cases can be caused by some of the following pathogens:
- Campylobacter
- Botulism
- E. coli
- Cyclospora
- Listeria
- Hepatitis A
- Norovirus
- Shigella
- Salmonella
- Vibrio Food Poisoning
Filing a Lawsuit for Food Poisoning
If you have contracted a foodborne illness and as a result, you suffered a serious injury, you may be able to hold those responsible strictly liable for your illness and injury. What this means is that the restaurant, supermarket, food supplier or distributor, or other food company that caused your illness may be liable for your damages even if you cannot prove that they were negligent. However, you must still be able to prove three things to be successful in a strict liability claim for damages in case involving food poisoning.
Presenting Some Evidence
First, you must be able to present some evidence that the food or food product you consumed was contaminated with a pathogen such as campylobacter, E. coli, or Salmonella. Usually, this evidence is either gathered through laboratory testing of the allegedly contaminated food or if there is a confirmed outbreak of foodborne illnesses stemming from the same brand of food or restaurant. An example of the latter form of evidence would be evidence that multiple people who dined at the same restaurant at approximately the same time contracted Salmonella or E. coli infections.
Proving the Contaminated Food Caused Your Foodborne Illness
Second, you have to show that the contaminated food was the actual cause of your foodborne illness. This typically can be demonstrated through a treating health care provider, which is why it is important to seek medical care if you think that your serious injury may be the result of a foodborne pathogen.
Proving Your Damages
Finally, you must prove that the foodborne illness or food poisoning caused you damage, whether those damages include physical, mental, or financial harm.
Successful Food Poisoning Litigation In California
Oftentimes a successful food poisoning case comes down to determining the source from which the foodborne illness came. That’s why if you become ill, it is important to remember where and what you ate for up to two weeks before your symptoms first began. Additionally, seeking medical treatment should be a priority, especially if you become severely ill as in some cases, obtaining prompt and proper treatment could mean the difference between life or death. Food poisoning and foodborne illnesses can involve extensive and expensive treatment, not to mention the pain and suffering you may feel, or disabilities or lost wages that you may endure, among other damages. Fortunately, in California, some food poisoning claimants have received substantial monetary damages that have helped alleviate some the costs of treatments, therapies, and other expenses.
Contracting A Foodborne Illness
If you think that you may have contracted a foodborne illness, as mentioned above, it is important to seek medical treatment as soon as possible, particularly if your symptoms are severe or worsen over time. This becomes even more important in the case of some foodborne infections, as it is possible that complications of the illness can lead to even more serious injuries and even death. Serious foodborne illnesses and food poisoning cases happen more often than you think so in the event that it happens to you, it is important to determine promptly the food product that made you sick. Whether you will have a successful claim for damages will likely depend on the facts and circumstances of your claim, whether the actual source of your illness can be determined, and/or whether the illness or infection can be tied to an actual food poisoning outbreak.
Davis Food Poisoning Attorney
I’m Ed Smith, a Davis Personal Injury Attorney. If you or someone you care about has been seriously injured or has passed away due to foodborne illness, please give me a call at (916) 921-6400 or (800) 404-5400 for free, friendly advice.
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I’ve been practicing in the field of personal injury law exclusively since 1982.