A Food Poisoning Lawyer Delray Beach FL Trusts Explains Personal Injury from Contaminated Food
Enjoying dinner out with family and friends at a restaurant is an occasion many look forward to. Delicious, freshly prepared meals are what everyone expects, but that is not always the case. The Centers for Disease Control (CDC) reports that patrons face a high risk of foodborne illness from tainted ingredients or infected food preparers. Those who have consumed contaminated food have suffered severe stomach illness, listeria, acute kidney failure, paralysis, and even death.
If this has happened to someone important to you, contact a Delray Beach FL poisoning lawyer who can help you to determine if you have a solid case to pursue.
Outbreaks of illnesses from contaminated food is an increasingly common occurrence affecting hundreds of people around the country. It is a costly issue and continues to be a major public health concern. Federal statistics show that each year, one in six Americans get sick by consuming contaminated foods or beverages.
There is an alphabet soup of more than 250 foodborne diseases that have been identified, including listeria, E. coli, botulism, hepatitis A, and norovirus. They usually take the form of infections caused by a variety of bacteria, parasites, viruses from a foodborne source. Other diseases, such as poisonings, are caused by harmful chemicals or toxins that have contaminated the food.
These diseases cause a variety of symptoms, so there is no particular set of circumstances that make them easily identifiable as foodborne illness. However, because the toxin typically enters the body through the victim’s gastrointestinal tract, the first symptoms are often in that area. Nausea, diarrhea, vomiting, and abdominal cramps are typical precursors. Identifying that an outbreak is definitively attributed to foodborne disease is a difficult task for public health authorities. Establishing how a disease is spreading is crucial in order for them to take the appropriate steps to stop it.
Culprits and Causes
Foods most associated with foodborne illness include:
- Raw foods of animal origin, such as raw meat and poultry, raw eggs, unpasteurized milk, and raw shellfish.
- Naturally occurring pathogens in seawater and norovirus from sewage being dumped in the water can contaminate filter-feeding shellfish.
- Foods that combine animal products such as bulk raw milk, pooled raw eggs, or ground beef are hazardous because a pathogen present in any one of the animals may contaminate the entire batch. As is most commonly the case with meat, a pound of ground beef may contain meat from hundreds of animals.
- Raw fruits and vegetables prepared in unsanitary conditions or washed in dirty water have caused outbreaks. Produce fertilized in manure, irrigated with water containing manure or human sewage and unpasteurized fruit juice can also be contaminated if there are pathogens in or on the fruit that is used to make it.
Unfortunately, there are many opportunities for food to become contaminated as it is handled and prepared. Foodborne illness such as Hepatitis A and norovirus can be introduced from infected humans who handle the food or by cross-contamination from some other raw agricultural product when the same utensils or cutting boards are used between foods without being washed. Food that is fully cooked can become re-contaminated if it touches other raw foods that contain pathogens.
If you have found yourself in a situation where you have become sick due to tainted food, seek medical attention immediately. Stool samples can be analyzed to reveal the presence of bacteria and other pathogens that may have caused your illness.
In most states, the legal litmus test is the “reasonable expectation” standard. This apportions liability for injuries caused by the substance where the consumer of the product would not reasonably have expected to find it in the product. If this test is satisfied, you may be entitled to damages to cover medical expenses, loss of income, pain and suffering, and more.
The Law Office of Eric H. Luckman have food poisoning lawyers with years of injury litigation experience. Contact our office today for a free consultation and to find out what your legal options may be.
Food Poisoning ClaimsAn experienced food poisoning lawyer Delray Beach, FL respects, understands that food can be a breeding ground for bacteria. In most cases, if the food is prepared properly the bacteria is killed and no harm results. However, if not prepared properly the bacteria can cause numerous problems including nausea, vomiting, and in extreme cases, paralysis or death. The Center for Disease Control estimates that there are close to 200 different illnesses that can be caused by foodborne bacteria, and that millions of people are sickened each year by ingesting contaminated food.
In a food poisoning case, our food poisoning lawyer Delray Beach, FL trusts, will explain to the victim that they must prove that the food product was tainted and unfit for human consumption. The victim must also prove that their illness was caused by the contaminated food. Producers of food regularly recall products that are believed to be contaminated. However, a recall does not relieve the producer of its obligation to compensate those that have been harmed by its product. When numerous people have been sickened by a specific food product, it is possible that the victims’ rights can be enforced through a “class action” lawsuit. In over 32 years of practice, our firm has been class counsel in several cases against restaurants that served contaminated food.
If you believe you have been sickened by a contaminated food product, immediately seek medical help and ask the medical providers help in trying to identify the source of your illness as well as our food poisoning lawyer Delray Beach, FL is proud to have fighting for them. Certain tests can be done to determine whether your illness is from the food product. It is also important for you to preserve the food that you think may have caused the problem, so that it can be tested. Finally, it is important that you report the problem as soon as possible to the local health department. They will often conduct an investigation and as part of the investigation, test the food to determine whether it is contaminated.
If you or a loved one has been a victim of food poisoning, please feel free to call a food poisoning lawyer Delray Beach, FL relies on, to discuss your case. The initial consultation is free, and you will speak directly with me, Eric Luckman, about your claim and your rights.
Our food poisoning lawyer Delray Beach, FL at the Law Office of Eric H. Luckman is available to answer all of your questions about how the legal process might work in your case.
It is important for all victims of these situations to act quickly, because there are statute of limitations requirements which mandate that victims file suit within a certain time frame or risk losing their legal rights.
Eric Luckman is a Florida Board Certified Civil Trial lawyer. Less than 2% of lawyers in the state of Florida are recognized with this prestigious certification.
Board certification recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice.
Feel free to call our office to discuss your case. The initial consultation is free, and you will speak directly with Eric Luckman, about your claim and your rights. An experienced food poisoning lawyer Delray Beach, FL clients recommend can help you determine whether you have a valid claim.