Can I Sue for Food Poisoning?
Posted on Thursday, July 2nd, 2020 at 10:21 am
When you purchase food or drink at a restaurant, store, or other establishment, you expect that it will be prepared properly and safe for you to consume. Unfortunately, not everyone takes care when preparing food for others’ consumption, and when food is tainted by contaminants, it can lead to food poisoning for the consumer. If you or a loved one has suffered from food poisoning after consuming food or drink made by someone else, you may have a claim for compensation. Call or contact the law office of Jonathan R. Brockman, P.C. in Atlanta today to schedule a free consultation.
Proving a Food Poisoning Claim
In order to prove a food poisoning claim in Georgia, the following three elements must be shown to the court:
- The food consumed was contaminated
- The contamination made the victim sick
- The sickness caused by the food poisoning caused the victim actual, quantifiable harm in the form of economic and noneconomic damages.
Food poisoning is typically caused by one of a few specific pathogens, including Campylobacter, E. coli, Hepatitis A, Listeria, Salmonella, and Shigella. In order to prove that a person was sickened by one of these pathogens, a stool sample is typically required before antibiotics or anti-diarrheal medication is taken. Once the pathogen is identified, it can be further studied to discover its unique genetic makeup. That can then be used to tie tainted food to a specific restaurant, food processor, or specific food.
It is also helpful to a food poisoning case if the specific food consumed is saved for testing. While this may not always be the case, such as when the food is eaten at a restaurant and then the plate is taken away at the end of the meal, if there are any remnants of the contaminated food that can be saved the victim should store it properly until it can be sent away for pathogen testing.
Compensation for Food Poisoning Injuries
Food poisoning can cause serious injuries and even hospitalization in the worst cases. As such, victims of food poisoning deserve to be compensated for their injuries. Damages for a food poisoning case include compensation for both economic and noneconomic damages. Economic damages cover all out-of-pocket costs incurred by the victim, including medical expenses, lost wages, and the loss of future income and benefits. Noneconomic damages compensate a victim for pain and suffering, emotional distress, and loss of enjoyment of life. Schedule a consultation with an experienced Georgia food poisoning attorney today to discover what your case might be worth.
Call or Contact Us Now
Food poisoning can cause severe harm to victims, and those injured by a restaurant or food processor that has been negligent in their food preparation should be compensated for their injuries. To learn more about your legal options after suffering from food poisoning, call or contact the law office of Jonathan R. Brockman, P.C. today to schedule a free consultation.