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Food Poisoning Personal Injury Claims: Seeking Justice and Compensation

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Food Poisoning Personal Injury Claims: Seeking Justice and Compensation

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Food Poisoning Personal Injury Claims: Seeking Justice and Compensation

Brubaker Injury Law

March 5, 2024


Food poisoning is an unfortunate reality that affects millions of people each year. Whether it’s a mild case of stomach upset or a severe illness, contaminated food can have serious consequences. If you’ve suffered from food poisoning due to someone else’s negligence, you may wonder if you have legal recourse. In this article, we’ll explore the ins and outs of food poisoning personal injury claims and how you can seek justice.

What Is Food Poisoning?

Food poisoning, also known as foodborne illness, occurs when you consume contaminated food. Common examples include:

  • Botulism
  • Campylobacter
  • E. coli
  • Hepatitis A
  • Listeria
  • Norovirus
  • Salmonella

Symptoms can range from mild (vomiting, diarrhea) to severe (dehydration, fever, difficulty breathing). In extreme cases, food poisoning can be fatal.

How Does Food Poisoning Happen?

Understanding the causes of food poisoning is crucial before pursuing a claim. Contamination occurs when infectious organisms (bacteria, viruses, parasites) infiltrate food. Some common causes include:

  1. Cross Contamination: When organisms transfer from one surface to another. For instance, if a restaurant places lettuce on a spot recently occupied by raw meat without proper cleaning, cross contamination can occur.
  2. Improper Cooking: Failing to cook food at a high enough temperature to kill harmful bacteria.
  3. Poor Hygiene: Employees not washing hands before food preparation.
  4. Improper Food Storage: Storing food incorrectly.
  5. Serving Expired Food: Consuming food past its expiration date.

Can You Sue for Food Poisoning?

Yes, you can pursue a lawsuit if you’ve suffered from food poisoning. Here’s what you need to know:

  • Solid Evidence: To succeed, gather evidence proving your case. Identify the responsible parties, such as restaurants, grocery stores, or food manufacturers.
  • Settlement vs. Lawsuit: You have the option to settle out of court if offered fair compensation. This avoids the time and uncertainty of a trial.
  • Types of Compensation:
    • Medical Expenses: Covering doctor visits, hospital stays, and medications.
    • Lost Income: If your illness caused you to miss work.
    • Out-of-Pocket Expenses: Such as transportation costs related to medical treatment.
    • Pain and Suffering: Compensation for physical and emotional distress.
    • Wrongful Death: If food poisoning resulted in a fatality, surviving family members can seek damages123.


Don’t let food poisoning go unaddressed. Reach out to a qualified attorney, like those at Brubaker Injury Law, for a free evaluation of your case. Seeking justice and fair compensation is your right. Call us at (800) 817-9301 or visit our website to schedule a consultation. Trust us to be your advocate in this challenging time1.

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