Food Poisoning
Food is both one of the basic necessities for
survival and one of the basic pleasures of life.
Unfortunately, food also has the potential to cause
illness and, in rare cases, death. Food-borne illness
(also known as food poisoning) can be caused by any
number of pathogens that can contaminate food at any
point during which the food is being processed.
Typically, food contamination is broken down into three
categories. Biological contaminants are by far the most
common and include both bacteria (such as salmonella and
e. coli) and viruses (such as hepatitis A). Chemical
contamination can come from naturally-occurring toxins
or toxins that are introduced during food preparation
(pesticides, toxic metals from improperly used cookware
or utensils). Finally, physical contamination (which is
less likely to cause illness, but still may result in
injury) includes everything from fish bones to broken
glass to bandages.
Food purveyors have a legal obligation to provide food
that is safe to eat. This includes food service
establishments—restaurants and caterers—as well as
retail food sellers, such as grocery stores. These
merchants are required to obtain food from reputable
sources and to handle it in a way that will keep it
safe. When that obligation is not met and people become
ill, those affected may be entitled to compensation.
Symptoms
The symptoms of food poisoning can range from mild
discomfort to death. Most common, however, are those
symptoms related to gastrointestinal upset: nausea,
vomiting, diarrhea. Fever and chills are also common.
Unfortunately, these symptoms are also common in other
illnesses. Additionally, in the case of food poisoning,
symptoms may not surface until several days after the
contaminated food has been consumed.
Establishing Liability
Because of the delay and generality of the symptoms, it
can be difficult to establish that food poisoning has
actually occurred. Even more difficult is determining
the source—most people eat multiple meals each day in a
variety of venues. Often, food poisoning cases are
pieced together when multiple people are affected and a
common food experience is discovered.
Determining the cause is not the only requirement,
however. In order to establish liability, it must be
proven that food purveyors failed in their obligation to
exercise due care. This could be through any of the
following:
- Purchasing food from unsafe sources
- Failing to cook foods to proper temperatures
- Allowing hazardous raw foods to cross-contaminate
ready-to-eat food
- Failing to hold foods at proper hot or cold
temperatures
- Allowing ill employees to work
- Not enforcing proper handwashing procedures
- Using improper equipment or utensils
Evidence that could be used to establish this failure
may include past health code violations, improper record
keeping, and employees who are willing to testify
regarding unsafe practices.
Although a two-day bug is not likely to merit a lawsuit,
serious illnesses can result in significant medical
bills, lost wages, and considerable pain and suffering.
Because liability in cases of food poisoning can be a
complex issue, it is crucial to seek the advice of a
knowledgeable attorney.
If you or someone you love has suffered from the effects
of serious food poisoning, please don’t hesitate to call
Peterson & Associates. Our experienced attorneys can be
reached for a free consultation by calling 816-LAW-FIRM,
or by clicking here to
submit online.
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