If you believe that a restaurant or other food distributor has sold you unsafe and infected food, then you can file a claim against them. Generally, food poisoning cases fall under product liability law. It must be determined whether a sufficient standard of care was exercised in preparing your food and whether any safety regulations were violated. Often it is difficult to correctly ascertain which food caused the poisoning, but, if you ingested a food that has been recognized as causing food poisoning, making a claim is much easier. The claimant must prove that the food he or she consumed was contaminated and that the contamination caused illness.
It is crucial to act as quickly as possible in food poisoning cases to ensure that the aforementioned criteria can be met.
Parties can he held liable for food poisoning if they are restaurants or food distributors. For example, if a certain canned product is infected or rotten at the factory, then the factory is held liable as opposed to the distributor, as the distributor had no reasonable way of knowing. However, if a distributor, through fault of its own, let's meat spoil in freezers, then that distributor might be held liable.
If you have a legitimate claim, contact our attorneys now for a free consultation.