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Got a Beef with the Beef? Food Poisoning Victims May Be Entitled to Substantial Compensation

That steak and mushroom quesadilla you ate at lunch today seemed a bit, well, strange. You weren’t sure exactly what was wrong with it, but something definitely wasn’t right. And yet, down the hatch it went.

It’s a few hours later now, and things in your world are going south fast. You’re experiencing nausea like you’ve never experienced it before – extreme and unrelenting – and your gastro-intestinal system is in a state of chaos. What’s inside of you is quickly finding its way out—through any available portal.

This is no upset stomach…you’ve been poisoned by the food you consumed, and the misery you will experience for up to the next several hours, or even days, will likely leave you alternately praying to – and cursing – whatever higher power you worship.

Food poisoning is a serious affliction. The Centers for Disease Control (CDC) estimates that roughly one in six Americans get sick from food-borne diseases each year, and another 3,000 will die. Victims contract food poisoning through consumption of food containing bacteria or viruses. This can occur through dozens of different scenarios. Food can become infected early on—perhaps at a farm where it was sourced. It can become contaminated during packaging. It may become contaminated as a result of improper exposure during transportation to a store or restaurant. It also may be improperly stored or cooked.

What are the Various Types of Food Poisoning?

According to the CDC, many different disease-causing pathogens can contaminate foods and cause a food-borne illnesses. Some of the well-known types include Salmonella, Listeria, and E. coli food poisoning. Salmonella is often caused by consuming raw meat, raw seafood, raw poultry or raw eggs. E. coli and Listeria food poisoning occur much less frequently than Salmonella food poisoning; yet they can be very dangerous, causing extreme illness or even death.

Other common types of food poisoning include:

  • Botulism
  • Campylobacter
  • Clostridium perfringens
  • Cyclosporiasis
  • Shigella
  • Vibrio

What are the Side Effects of Food Poisoning?

When food poisoning occurs, toxins or microbes enter the gastrointestinal tract, which may cause initial symptoms such as nausea, vomiting, abdominal cramps and diarrhea. Overall, symptoms include:

  • Frequent vomiting
  • An inability to keep liquids down
  • Bloody vomit or stools
  • Diarrhea for more than three days
  • Severe abdominal cramping
  • Signs or symptoms of dehydration — excessive thirst, dry mouth, little or no urination, severe weakness, dizziness, or lightheadedness
  • An oral temperature higher than 101.5 F (38.6 C)
  • Blurry vision, muscle weakness and tingling in the arms

Some cases of food poisoning cause only mild side effects at the outset. Still, food-borne illnesses can lead to serious, even life threating symptoms—especially for children, pregnant woman, the elderly and those with an already weakened immune system. As a result, it may be highly advisable to seek medical attention immediately from a doctor, or at a hospital, in order to receive a proper diagnosis and treatment. If you ultimately consider legal action for your food poisoning, it is essential to understand which type of food poisoning you may have contracted.

Related Blog: Restaurant Liability for Foreign Objects Found in Food

Is It Feasible to File a Food Poisoning Lawsuit?

Due to the sheer number of factors involved, the specific cause of food poisoning can be hard to determine. In the case of your quesadilla, your symptoms became painfully obvious after only a short time. Yet often, symptoms may not appear for several hours, or even days, after ingesting the food. During that intervening time, you probably ate more food, possibly during multiple meals.

Food manufacturers are bound by strict food laws that govern processing, handling, storage, transportation and distribution. Many manufacturers and purveyors abide by these laws and standards. Yet too many are aware that their food handling practices are unsound and could potentially cause food-borne illnesses—and still opt to do little or nothing about it. Food purveyors and manufacturers should be held accountable for their actions, so identifying an experienced and capable food poisoning lawyer and filing a food poisoning lawsuit helps hold responsible parties accountable, which eventually can leader to safer food consumption practices that benefit everyone.

Generally speaking, a food poisoning victim can sue a restaurant for food poisoning if the law and evidence sufficiently support that personal injury or wrongful death claim. Additionally, claims may, in certain cases, be made against a grower, food processor and/or distributor.

A food poisoning lawyer can help uncover and assemble the facts needed to prove a case, then file a food poisoning lawsuit in order to seek appropriate damages and help the victim or their family rebuild his/her life.

No Cost Evaluation

If you or a loved one have been stricken with a food-borne-related illness, your rights are at stake—you need to seek immediate legal advice. At Nager, Romaine & Schneiberg Co., L.P.A., our personal injury attorneys may be able to help you pursue compensation for the pain and suffering that you have been forced to endure. The experienced food poisoning lawyers at NRS are highly knowledgeable in personal injury litigation, including food poisoning. We fight side by side with injured victims to make sure they and their families receive compensation for negligence that caused them to be hurt. We will aggressively pursue your case and work to help you obtain the medical care and compensation you need to rebuild your life.

In the event you or a loved one has been stricken with a food-borne-related illness, contact the personal injury attorneys at NRS Injury Law by filling out our No-Risk Consultation form, or call (855) GOT-HURT and speak with one of our trained staff members.


Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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