Food Poisoning and Foodborne Illness Injuries

Food Poisoning and Foodborne Illness Injuries

Whether celebrating an event or anniversary, attending a company lunch, or simply going out for dinner with family, many people enjoy the atmosphere, convenience, and experience of going out to eat at a restaurant. Many people also eat pre-prepared and pre-packaged foods at home, but unfortunately, when food is not properly stored or handled, the likelihood of contamination and subsequent illness increases. While mild forms of food poisoning may see symptoms disappear within a few days, in more severe cases, a person or group of people may experience serious health complications such as organ or system failure and even death. If you or a loved one was seriously injured due to severe foodborne illness, contact our Dallas food poisoning attorneys to learn how we may be able to help you recover the compensation you deserve.

When Food Poisoning Results In Serious Injury

There are many opportunities for contamination to occur throughout the purchase, shipping, storing, preparing, cooking, and serving of food. It is not only essential that items are stored appropriately, but that the areas in which they are prepared remain clean and highly sterile at all times.

Although many instances of food-related illness result in mild symptoms that may resolve in a few days, serious cases of food poisoning carry potentially life-altering outcomes. According to the Center for Disease Control, there are an estimated 48 million foodborne disease cases annually in the United States of America. Among these, there are also an estimated 128,000 hospitalizations and 3,000 deaths related to foodborne diseases each year. When your serious injury or loved one’s death could have been avoided with proper guideline adherence at one or more stages of the commerce process, the responsible party or parties should be held liable.

Common Types of Foodborne Illness

Though there are several types of foodborne illnesses to be weary of, Norovirus, Salmonella, E. Coli, Hepatitis A, and Shigella are of particular concern to the CDC due their rapid transmission through equipment, people, and contaminated foods. Some of the following can cause serious illness that, without proper treatment or intervention, can lead to death and even become an epidemic. If you or someone you know is experiencing any of the following symptoms or illnesses, it is essential to seek medical attention immediately.

Botulism

Botulism occurs when neurotoxins are produced by spore-forming bacteria that develop in food. When consumed, the botulinum toxin can cause blurred or double vision, drooping eyelids, slurred speech, dry mouth, difficulty swallowing, trouble speaking, muscle weakness, and even muscle paralysis starting with the face and progressing downward. Some common sources of foodborne botulism include homemade goods that have been improperly canned, stored, or fermented. There are different forms of botulism, including infant botulism and wound botulism, and all forms have the potential to be fatal.

Salmonella

Consuming foods and beverages contaminated by Salmonella bacteria can result in stomach pain, diarrhea, headache, nausea, and sometimes vomiting. Common causes of salmonella poisoning include eating raw or uncooked poultry products, including chicken, eggs, or raw milk. In rare cases Salmonella poisoning can be fatal, and infants, young children, and older adults are considered vulnerable to more severe symptoms. Though symptoms may go away after several days, without antibiotic treatment, the sick person may be able to spread the disease to others for up to two months. 

E. coli

While most E. coli infections are mild, a small percentage can lead to serious complications and can even be fatal. Escherichia coli (E. coli)are bacteria that live in the digestive systems of animals and people. If work areas are contaminated or if the ingredient was not properly cleaned, the bacteria can be transmitted and result in symptoms such as nausea, irritability, chills, stomach cramps and pain, vomiting, bloody diarrhea, and more. In severe cases, the illness can result in more serious issues such as hemolytic uremic syndrome (HUS), which can cause kidney failure and even death.

Listeria

Listeriosis is an illness caused by Listeria bacteria that is transmitted through ingesting contaminated food. Fever and body aches are common symptoms of Listeria infection, and because illness transmission can occur in utero as well, Listeriosis can be fatal to unborn babies and newborns, resulting in stillbirth, miscarriage, premature birth, and other birth complications. People with weakened immune systems are also at risk of severe-presenting Listeria infection. Additional symptoms may include stiff neck, confusion, weakness, and vomiting.

Shigella

Shigella is another bacterium that can result in illness and negative symptoms. It can be transmitted through eating contaminated foods, drinking contaminated water, or from hand-to-mouth contact with stool from an infected person or animal. Without proper care, Shigella infection–or shigellosis–can lead to complications such as severe dehydration, seizures, kidney failure, and can even be fatal. Individuals with the illness may experience fever, nausea, vomiting, stomach cramps, and diarrhea which may be bloody.

Hepatitis A

Not only is Hepatitis A contagious, but it can lead to liver disease and infection if not properly managed. Infections can occur from eating contaminated food or drinking contaminated water, which may be the result of inappropriate hygiene on the part of the food handler. Individuals who become ill from foodborne hepatitis A transmission may experience symptoms such as fatigue, nausea, vomiting, dark urine, pale stool, abdominal pain, and jaundice. Almost everyone can recover fully from hepatitis A with a lifelong immunity, but in rare instances where people have pre-existing conditions or weakened immune systems, this may not the case.

Norovirus

Norovirus is a highly-contagious virus transmitted through contaminated food or surfaces and, according to the Center for Disease Control, is the leading cause of foodborne illness outbreaks in the United States. The virus causes inflammation in the intestines, and symptoms are usually the same in both children and adults. Symptoms typically appear 12 to 48 hours after consuming the contaminated food and may last several days. Possible side effects consist of vomiting, nausea, diarrhea, stomach pain, fever, and body aches.

Proving Your Case

Not every case of food poisoning has grounds for compensation, and the burden is on you as the plaintiff to prove your claim. Your attorney will need to demonstrate that a restaurant, store, food manufacturer, food supplier, or another party failed to prevent the food’s contamination, and that their actions caused your illness. More specifically, it must be shown that the defendant had a duty to ensure the food was safe, the defendant breached that duty, and that the defendant’s breach caused the transmission of the foodborne illness.

Depending on the unique circumstances of your situation, proving your case could mean presenting evidence that your sickness or loved one’s wrongful death was the result of a restaurant food provider’s preparation, storage, or other mishandling of the food. Alternatively, it could mean uncovering evidence that your local grocery store’s shipment of produce was contaminated and directly resulted in your toddler’s sickness. In this case, it must be demonstrated that the defendant was responsible for the defective item or product. To learn about your legal options with respect to your situation, give our office a call.

Holding the Appropriate Parties Liable

You should not have to suffer the lifelong consequences of severe foodborne illness alone, and the responsible parties should be held liable for the injuries you endured as a result of their negligence. An individual or company may be held liable for qualifying food poisoning incidents under product liability, negligence, or premises liability if the necessary criteria are satisfied and demonstrated.

Under the Texas Products Liability Act, product liability claims may also include food. For example, you may have the right to compensation under product liability if the contaminated food you purchased from a grocery store was defective and caused an illness. In many instances, however, food providers may be held strictly liable for selling a defective product, even if they were not negligent.

Bear in mind, however, that these situations are often complex, and more than one party may be found responsible for your foodborne illness. When you meet with an experienced member of our team, we will carefully consider the facts of your case, inform you of the laws that may apply, and provide guidance for moving forward in the legal process.

Pursuing Monetary Damages

Depending on the duration of the illness, presence of symptoms, and more, you may require extensive medical care and time off of work to recover. This ultimately causes medical bills, lost wages, and more to accrue and rise over time, resulting in additional financial and emotional distress. In viable foodborne illness matters, you may be able to pursue monetary damages to cover these medical expenses, lost wages or loss of future income, as well as pain and suffering, and emotional distress. In particularly egregious negligence matters, a person may be awarded punitive damages in which the liable party is ordered to pay a specified additional amount as punishment for the degree of their error. As your dedicated food poisoning injury attorneys, we can help you understand all of your options and seek maximum compensation for the injuries and losses you incurred.

How a Dallas, TX Lawyer Can Help You

When it comes to establishing liability and holding the appropriate party or parties responsible, your best course of action will largely depend on the unique circumstances surrounding your situation. Because of this, it is essential you speak to an experienced lawyer to gain personalized insight into your legal options with your best interests in mind. A Dallas, TX foodborne illness injury attorney can help file your claim, represent your legal matter, negotiate on your behalf, speak with insurance companies on your behalf, and handle all aspects of your case.

Additionally, we have a combined century of experience representing clients just like you in their unique personal injury matters. We utilize our skills to closely track and demonstrate the contamination path of the food supply, conduct investigations, and identify all possible parties that could be held liable for your injuries. In cases of wide-spread outbreaks with potentially catastrophic outcomes, a class-action lawsuit may result and our team is ready to represent you.

FAQS About Food Poisoning Claims

Do I qualify to recover compensation from a food poisoning incident?

Though most incidents of food poisoning see symptoms resolve within a few days, in cases of severe foodborne illness, a person may require hospitalization and even suffer permanent damage to their organs. Only skill, experience, and client-centered guidance can help you understand your legal options, so schedule a free consultation today to learn if you qualify.

What does it cost to hire a food poisoning injury lawyer?

We believe in the injured individual’s right to compensation and strive to help our clients obtain maximum compensation. Your initial consultation is free of charge, and if you decide to pursue your claim with our firm, we work on a contingency fee basis. This means we only get paid if we recover compensation for you. We do not charge any upfront fees or costs, so you can focus on your recovery while we handle your case.

Is there a time limit to file my claim?

In the state of Texas, there is typically a statute of limitations to file a legal claim of two years following the injury. It is important to note, however, that different factors can affect this timeline, so speak to an experienced member of our team prior to filing your claim and beginning the legal process.

How long will my food poisoning case take to resolve?

Each foodborne illness claim is individual and contains its own unique set of facts and circumstances surrounding it. Depending on various factors, seeing your claim through from beginning to end could take anywhere from a few months to several years. In many instances, the more our team looks, the more we uncover, and we are prepared and willing to continue doing so until there is no stone left unturned.

Can I file on behalf of my loved one?

In the state of Texas, a decedent’s surviving spouse, children, or parents may file a wrongful death claim on behalf of an individual that died due to their injuries caused by a negligent party. Due to the unique legal nuances surrounding food poisoning incidents, however, it is in a person’s best interest to speak to an experienced attorney or personal injury team for circumstance-specific advice or guidance.

Attorney Quentin Brogdon

Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]