Food poisoning and contamination can cause serious illness and even death. If you or a loved one has become sick after eating contaminated food, you may have legal options to receive compensation for your injuries. This article provides an overview of legal remedies that may be available if you have suffered from food poisoning or contamination.
Proving Liability
The first step in seeking compensation is to prove that the defendant is liable for your injuries. There are two main legal theories used in food poisoning and contamination cases:
Negligence
To prove negligence, you need to demonstrate that the defendant owed you a duty of care, but that they also breached that duty, causing your injuries. For example, a restaurant owes customers a duty to serve food that is safe to eat. If the restaurant fails to properly store, handle, or cook food, causing you to become sick, they may be liable for negligence.
Strict Liability
For food poisoning claims, strict liability laws often apply. These laws state that companies are responsible for any injuries from contaminated food, even if they were not negligent. For example, if a product is contaminated during manufacturing, the manufacturer is strictly liable, regardless of precautions taken.
Gathering Evidence
It is critical to gather evidence to prove your food poisoning or contamination claim. Important information includes:
- Medical records showing diagnosis, treatment, and impacts of illness
- Receipts and other proof showing the food product and seller
- Testing records confirming the food was contaminated
- Documentation of improper food handling, storage, or preparation
- Records of other incidents linked to the same food source
Photographic evidence of contaminated or spoiled food can also help support your case. An experienced personal injury lawyer can assist in gathering and presenting compelling evidence.
Types of Compensation Available
If you are successful in your food poisoning claim, the types of damages you may recover include:
- Medical expenses, both past and future
- Lost wages from days off work due to illness
- Reduced earning capacity if there are lasting impacts
- Pain and suffering
- Emotional distress
Punitive damages may also be awarded if the food company showed a reckless disregard for public safety. An attorney can fight to obtain full and fair compensation for your injuries and losses.
Statute of Limitations
Each state has its own statutes of limitations on filing food poisoning and contamination lawsuits. In Massachusetts, personal injury claims must be filed within 3 years from the date the illness occurred. It is important to act quickly to preserve your legal rights, as the statutes of limitations can prevent compensation if they pass before filing.
Consulting with a Personal Injury Lawyer
Dealing with a food poisoning or contamination case can be complex legally, medically, and practically. An experienced personal injury attorney understands the laws and litigation strategies to prove your claim. They will deal with the company and insurers while you focus on recovery.
If you or a family member became sick from contaminated food purchased or served in Boston, contact our law firm for a free consultation. We handle cases on a contingency fee basis, so you pay no fees until we obtain compensation for you. Let our dedicated legal team help fight for the justice and compensation you deserve.
Visit our office at 15 Broad St #800 Boston, MA 02109.
Or call now for a free consultation on (617) 263-0860.