Food Product Liability
Brian O Sutter
Personal Injury
When purchasing food, you would expect that it is safe for you to consume and enjoy. Food products are often subjected to strict inspections before the manufacturer can even release it for public sale. However, this can’t always prevent a food-borne illness from occurring. If you get sick from something in the food you have purchased, you have the right to file a personal injury lawsuit to receive the financial compensation you are entitled to.However, proving that a food product caused your illness isn’t as easy as you may think.
1. Prove that you got sick as a direct result of the food product!
If you have fallen ill after eating, the first thing you may suspect is food poisoning. While that seems like a logical explanation, it isn’t enough to prove it or file a lawsuit. To have a strong case, you will need to prove that something within the food is what made you sick in the first place. If you immediately seek medical help for your illness, a physician may be able to find the connection between the food and your poor condition and document this connection.
2. Identify exactly what made you sick!
You now have to prove to the court that something in the food was bad, not just that it had made you sick. If you hadn’t eaten all of the food, you may be able to save it for a lab to inspect it for something that shouldn’t be in there. Typically, you are required to file a personal injury lawsuit within one or two years of getting sick. The sooner you file the claim, the better.
3. Connect the problem to the source!
In addition, you will need to link the pathogen in the food to the manufacturer or the restaurant that caused it. For example, if you had become sick due to your food containing the E. coli bacterium, you must determine how it entered the food, such as unsafe conditions at the plant or in the fields. Finding where the problem occurred will determine who is at fault for your food related illness and who you can sue for compensation.
While most of this is pretty straight forward, there are a few other things to note that could make your case a bit more complicated.
Cruise ships – If you become ill from something you ate on a cruise ship, you might be limited as to where you are legally able to file a lawsuit. In a few cases, you will only be able to file in the state where the cruise had originated from.
Objects within the food – If you find a foreign object in your food, such as a hair or bug, it might not be enough for you to file a lawsuit. You will be need to prove that the object harmed you. Claiming you were traumatized by the experience will require you to have a mental health professional confirm it. Otherwise, you will need to prove that the object caused you to become physically ill.