“Food poisoning” or food-borne diseases are caused by eating something that’s spoiled or contaminated by bacteria, viruses, parasites, micro-organisms etc and their toxins. The symptoms range from mild intestinal problems and upset stomach to bloody diarrhea, vomiting and dehydration. It may affect just one person or a group after consuming the contaminated food. If you or a dear one has been the victim of food poisoning, contact a personal injury lawyer to explore the possibility of filing a personal injury claim for compensation against those responsible for the circumstances that caused your illness. Food poisoning is usually caused by someone’s fault or negligence and violation of hygiene and food-safety norms during storage, preparation, cooking or serving of food.

Challenges Posed in Proving Food Poisoning

Eating something and falling ill immediately afterwards may convince you that it was the food that caused it, but it could be difficult to prove which particular ingredient or dish caused the illness.

• It’s also difficult to pinpoint what particular violation of safety or hygiene caused the breeding of bacteria/virus/micro-organism.

• There may be multiple agencies involved such as raw ingredients producer, transportation, storage facilities, restaurant-owners, grocery-store/supermarket owners, wait-staff, etc.

• If there has been a time lapse following consuming a food and your illness, this could pose difficulties in proving causation.

• You may have a case of stomach flu

• It could be something you ate before or afterwards

• Even if you have evidence in the form of leftovers/doggy-bags, it’s still difficult to prove whether contamination was present or occurred after it entered your refrigerator.

Most people suffer for a few days and are back to their daily routine following a visit to a doctor. However, if you have suffered serious illness that requires hospitalization, loss of income/wages, pain and suffering etc, it could be worthwhile to file a personal injury claim with the help of a personal injury attorney. You would have a strong claim if you’re not the only one affected. In such cases, class action suits have worked better to deliver compensation to those affected by food poisoning.

How We Can Assist

Food poisoning cases are categorized under the defective product liability classification in personal injury law. Going by this, your claim would be treated under these heads:

Strict product liability: Many states/provinces may have these laws in which case our personal injury lawyers only have to prove that you consumed a product that was contaminated and the contamination caused your illness.

Negligence: If the defendants acted negligently while producing, distributing or supplying the product, and this caused the contamination that resulted in food poisoning.

Breach of Warranty: Minimum standards or implied warranties are imposed on most food products. Additionally express guarantees on packaging provide further reassurances. Violation of these constitutes breach of warranty.

The experienced legal team at our personal injury law firm can evaluate your case and advise you on the best way forward. We can represent you in all negotiations/communications with at-fault parties and insurance agencies to ensure that your rights are protected.

If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury ‎Lawyer 24/7 and get instant help. (416 931 5015)