Did you or a loved one caught an illness due to food poisoning? Contact Malloy Law Offices, LLC today!
A product liability accident can make injury recovery difficult. One special area of law within product liability is food poisoning. These types of cases are very particular. In addition, it’s easy for the negligent party to dismiss fault because it’s hard to link the source that generated your sickness. If you continue reading this page, you’ll see the different type of illnesses from food, how to prove your case, and the damages you might experience.
When it comes to food poisoning, here the are common viruses and bacteria that one can experience:
Business selling the food may be held liable for not exercising reasonable care in storing and preparing food, or may be found strictly liable for a defective food product. Additionally, businesses have a duty to exercise duty of care meaning they have to maintain a safe environment, produce safe products or meals, and avoid dangers at all costs.
For the plaintiff to prove their food poisoning case, they have to prove that the business’s unsafe food caused the plaintiff’s illness. As mentioned before, it is difficult to link the source. Thus, the source must be isolated and identified. Next, A doctor must be consulted immediately to determine the illness and identity of the contaminated food. Plaintiff must prove harm or injury. Lastly, the degree of severity of the illness may determine whether it is worthwhile to file an action in court against the store or restaurant.
Damages from poisoning may include medical bills, lost income, out-of-pocket expenses, pain and suffering, emotional distress. These are damages that plaintiffs can recovery from legally and easily. In rare cases, death can be a result in food poisoning. This would mean that the victim’s loved ones would have to file a wrongful death action.
Here at Malloy Law Offices, LLC, we understand the frustrations out clients experience when these unexpected events happen. If you or a loved one has been injured by a defective product, let us positively turn your situation around. Our Attorneys have years of practice with personal injury case. If you would like to see how they handle these scenarios, click here to view more. Also, call (888) 607-8690 for a free consultation.