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Neighborhood Liabilities: Who’s Liable for Food Poisoning?

When it comes to personal injuries, you’ll often think of slip and falls, car accidents, motorcycle accidents and pedestrian accidents, however, there are some personal injuries that involve wrongful damage to your immune system. Annually, there are over three-million reported food poisoning cases in the U.S, with salmonella poisoning being the most common type, making up 40 percent of all reported cases.

It’s easy for someone to get food poisoning at home where the environment might not be the cleanest depending on the individual or the person preparing the meal may not be the most experienced, but getting food poisoning at a restaurant is a different ball-game. Restaurants should be doing everything in their power to keep their customers safe when it comes to meal preparation. So, if you’ve faced a serious food-related illness while eating at your favorite neighborhood restaurant, contact a personal injury lawyer at Robert J. DeBry and Associates.

Food Poisoning Statistics

With over three million cases a year and salmonella making up about 40 percent of those cases, it’s no surprise that some of these cases end up turning into wrongful death accidents. In 2012 alone, there were about 7,800 reported cases of salmonella, 33 of which resulted in deaths. The bacteria responsible for this illness is called campylobacter, a bacterium which spreads through chicken and unpasteurized milk and cheese.

Along with salmonella, vibrio infections are another leading cause when it comes to food poisoning. This bacterium is caused by contaminated seafood spread via warm sea water, which has seen an increase in infections by 43 percent. One hundred ninety-three cases of vibrio were reporter in 2012, of which six of those infected died.

A personal injury lawyer will tell you that foodborne illness shouldn’t be taken lightly, and just like any other personal injury, you should seek medical attention as needed. Approximately one in six Americans (48 million) are affected by foodborne illnesses annually, with 128,000 becoming hospitalized and 3,000 of those victims dying.

Who’s Liable for My Illness?

Liability depends on what the cause for the foodborne illness was. If you were cooking a meal at home and know that you followed all the directions properly and made sure that everything was cooked as it should have been, you may be able to claim product liability. Product liability occurs when the manufacturer has shipped out defective or contaminated ingredients, or failed to provide adequate warnings and instructions, leading to the illness of its consumers. If you believe that you have been exposed to contaminated ingredients, contact a personal injury lawyer at Robert J. DeBry and Associates to look into your case.

Another claim you can file is joint liability. If you went out to eat at a restaurant and ended up becoming ill after eating your meal, the restaurant can be held liable for your illness. You’ll need to be able to prove that the illness was caused by the food you ate. This isn’t always easy but with a personal injury lawyer there to help, you’ll have a better chance at making a strong claim.

Foodborne illnesses are just as serious as any other personal injury, so if you’ve been involved in a food poisoning accident, contact a personal injury lawyer at Robert J. DeBry and Associates. We will help you get the compensation that you deserve for your medical bills and lost wages.

Sources:
http://www.berkeleywellness.com/healthy-eating/food-safety/slideshow/food-poisoning-facts
http://www.publichealthlawcenter.org/sites/default/files/resources/f.s.food_.borne_.illnesses.WEB_.pdf

By |2018-10-01T16:49:16-06:00October 1st, 2018|Uncategorized|Comments Off on Neighborhood Liabilities: Who’s Liable for Food Poisoning?

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