Should I Get a Lawyer for Food Poisoning?

Every year there are 48 million cases of food poisoning. Of these extreme numbers, 3,000 people will die. This all falls at the hands of the company or establishment who sold contaminated food. These are common symptoms of food poisoning:

  • Nausea
  • Vomiting
  • Dehydration
  • Gastrointestinal distress
  • Esophageal damage
  • Death

Due to negligence of food companies and improperly trained food handlers, many Americans experience food poisoning and may even die.

Here is a breakdown of how food poisoning cases occur:

How is Food Contaminated?

There are several ways food can become contaminated. Viruses and bacteria can contaminate food from the following:

  • cross contamination,
  • lack of proper employee hygiene,
  • sick employees,
  • improper heating
  • improper cooking methods
  • unsanitary farming methods, and
  • unsanitary food preparation.

A lesser known way for food to become contaminated is due to rising ocean temperatures and sick animals.

Lack of proper inspection from food imported from other countries is another possible way for food to become contaminated. Lead levels in certain spices and herbs contribute to food contamination and poisoning. Seafood with rising mercury levels can also interpose food borne illnesses.

Cross Contamination

The quickest way to get food poisoning is consuming food that has been cross contaminated. Sometimes cooked food is placed on the same surface as raw meat or other products. Foods such as raw chicken carry bacteria that can contaminate other foods. This contamination is typically cooked off; however, if the raw food is placed on the surface as other food, contamination has occurred.

Improper Temperatures

After food has been fully cooked, it must remain hot until served. If food circulates through different temperature cycles, microbial growth can occur. Food must be kept either below 40 degrees Fahrenheit or above 140 degrees Fahrenheit. Anything between is referred to as “The Danger Zone.” This is the prime range for pathogens and bacteria to grow.

Negligence

It is the responsibility of food handlers and food companies to properly maintain their products in line with standard protocol and safety procedures. Where there is negligence, food poisoning may result. Their duty is to routinely inspect, prevent and replace all contaminated foods which may cause injury.

In order to file a lawsuit for negligence, a plaintiff must prove:

  • Someone else had a duty of care to keep the victim out of harm’s way,
  • That person breached their duty of care,
  • That breach caused the victim’s injuries, and
  • The extent of the injuries that the victim suffered.

We Can Help!

If you or a loved one was ill or passed away due to food poisoning, David Klink can help! After a food poisoning incident, Mr. Klink will request the establishment or company show all records concerning cross-contamination avoidance. He may additionally contact the county Department of Health for past health inspection violations.

Mr. Klink understands the sensitive nature of these issues and is here to help ease your suffering. He will hold the wrongdoers accountable to get you the compensation you deserve and prevent future accidents. Call him today at (602) 899-2389 or email DavidKlink@DavidKlink.com.