Everyone knows that consuming contaminated food can result in food poisoning. What is less known is how this opens the door to a possible product defect claim. This type of personal injury claim looks at products along their entire consumer chain for problems in safety. Food poisoning is defined as an illness caused by consuming food infected with microbes (bacteria, viruses, or parasites, and spores). The most challenging part of food poisoning cases is proving the exact food that made a person sick and tracing where that food came from.
There are three main legal theories that food poisoning cases could fall under.
Strict Product Liability
In most states, there are strict laws involving the food that manufacturers produce and for the suppliers who distribute that food; both parties are responsible for providing non-contaminated food. If you become ill upon eating their food and can prove that their food is what made you sick, you could make a claim against them.
Breach of Warranties
Some packaged foods come with a statement of guarantee, which is a promise that the food manufacturer makes regarding the quality of the food. An express warranty or guarantee generally requires the following:
- A statement of fact and/or a promise;
- The inclination for a consumer to purchase the product
- The product buyer’s injury resulting from the reliance on the stated fact and/or promise
An example would be a “thoroughly washed” sticker on a piece of produce. If you can prove that this food item made you sick, there could be a breach of warranty claim brought against the manufacturer.
Negligence
If a manufacturer or supplier provided food that made you ill, proving that they were negligent by distributing a contaminated food could be another legal basis for making a claim. In this case, you must be able to show that a food manufacturer or supplier failed to exercise reasonable care in the production or distribution of the food.
Consumer Chain for Food Distribution
The typical consumer chain for the distribution of food is:
Food processing company (farm or slaughterhouse)
Retailer (market, grocery store, or restaurant)
Suppliers or distributors in between
The Challenge
In food poisoning cases, proving your claim is generally the most difficult aspect. In order to win your lawsuit against a food manufacturer or supplier, a personal injury attorney will generally need to prove two things:
1 – The Food You Consumed Was Contaminated
In most cases, there is a time delay between the time you consumed a contaminated food and when you became ill from it. Because of this, it is usually quite challenging to pinpoint the exact food that made you sick. However, when there is a public notification from a government agency regarding a specific food poisoning outbreak, it is easier to identify the contaminated food. Providing solid evidence will make your case much stronger, such as providing scientific testing results that identify the disease-causing microbes that were present in the food.
2 – You Became Sick from the Contamination
The second part of your case is proving that the contaminated food is what caused you to become ill. Generally, a stool sample is the best method when linking the contaminated food to your illness. If the disease-causing microbes in your stool are the same as the microbes in the contaminated food, your claim will stand much stronger in a lawsuit.
Timeline for Filing a Claim
For personal injury and product defect claims, there is a specific amount of time that you are legally able to file a lawsuit; this is called the statute of limitations. Every state has their own time limits, so be sure to find out how long you have. In Nevada, the statute of limitations for a product defect claim is 2 years.
Also be aware if there are class action lawsuits currently active regarding an outbreak of food poisoning. In most cases, joining a class action lawsuit is easier. Here are a few advantages of joining a class action lawsuit versus pursuing your own lawsuit:
- The lawyers who have taken the class action lawsuit will become legal representation, releasing you from the burden of finding a knowledgeable and experienced lawyer on your own
- Most likely, you will have minimal to no upfront costs or fees
- Complicated legal issues will be figured out for you, such as where to file your claim and what type of lawsuit is most relevant
Get Legal Help
Once you have become ill, write down all of the facts surrounding the chain of events leading up to your illness. This includes what you have eaten, where you have eaten, whether others consumed the same food, as well as your symptoms. This information will help you figure out your next steps.
Depending on your case, a personal injury claim may make more sense than a product defect claim. The personal injury attorneys at Clear Counsel Law Group can walk you through your options and help decide on your best course of action.