The Legality of Food Poisoning

15 Aug, 17

in Laws

Food poisoning is a common illness that may occur anywhere and any time when you consume something that doesn’t agree well with your digestive system.

Unfortunately, this predicament is so common that people overlook it. However, very few people have the knowledge that in the case of its occurrence, the victim has a legal right to file a claim for compensation. Despite being a common illness, each case is different depending on the circumstances surrounding its occurrence. Sometimes, knowing a good bail bonds man will help if legal action is to be taken.

In order to have a strong case after suffering from food poisoning, it is prudent to have an informed understanding of what food poisoning is all about. Food poisoning arises when food containing germs like bacteria or virus is consumed. The germs lead to the food’s contamination. Contamination may occur in varying ways including:
• When foodstuffs that are eaten raw are not thoroughly cleaned,
• When food like meat is under-cooked,
• When food is prepared with unclean utensils,
• When food is prepared by someone with dirty hands,
• When foods are not stored at a proper temperature.

Luckily, food poisoning has comparable symptoms that make it easy to spot a victim. They manifest within a period of between two to six hours after ingestion and can prolong up to 48 hours. The common symptoms may include fever, headache, vomiting, nausea, and general body weakness. Medical experts recommend the adequate intake of fluids as the best way of countering the effects of food poisoning due to severe dehydration.

Proving food poisoning

Proving food poisoning may be a tall order for any victim. It is challenging to trace with accuracy that which could have caused the illness. Nonetheless, to make a successful claim, the victim must prove, without any doubt, that the food he or she consumed was contaminated. In addition, the victim is tasked with the responsibility of proving that the same food was responsible for the illness.

It is increasingly difficult to make a conclusive judgment on whether the food consumed by the victim was contaminated. Besides, it is hard to determine what exactly made a person sick. More so, it becomes more complicated if there was a time delay between eating the food and exhibiting the symptoms. However, if many people have suffered from food poisoning after consuming contaminated food from the same source, the case is easy to prove.

Food poisoning liability

Personal injury cases as a result of food poisoning vary. Most of them usually fall under product liability. They are categorized in the same class as injuries arising from defective products. In this case, the contaminated food is the defective item sold to the victim that consequently caused the harm. In other words, the theory behind it is referred to as the strict liability theory.

Moreover, other theories regarding food poisoning may come into play. The illness may have resulted as a case of negligence or breach of warranty. Negligence arises if the food joint where the victim consumed food failed to provide a safe environment with safe food. If an ordinary buyer’s expectation is not met, it brings in the case of breach of warranty. In the event of food poisoning, the buyer, who now is the victim, has a legal claim since he or she would not have expected the food to be contaminated.

Legal assistance

Food poisoning cases are serious and can sometimes result in loss of life. Unfortunately, people downplay its effects. This is utterly wrong, and it is high time people changed their view on the subject. A victim of food poisoning with a trace of its cause can take a step further to ensure justice is served. For starters, he or she should contact a professional legal practitioner focusing on product liability. The attorney will offer crucial information about his or her rights regarding the claim. Besides, the legal expert can extend a free legal evaluation of the victim’s potential food poisoning claim.

Food poisoning as depicted above is recognized by law. Therefore, any victim should not disregard its occurrence as it will serve as a breeding ground for other similar cases. Taking the initiative to report and make a claim will act as a lesson to food joints that fail to comply with health regulations and also prevent similar predicaments from affecting others.