Food poisoning is generally caused by eating spoiled or food contaminated with bacteria and parasites. More often than not, this type of ailment resolves by itself after a certain period. However, there are more serious cases that entail the need for medical intervention. Some of the signs that you need to see a doctor include bloody stools, high fever, diarrhea that surpasses a couple of days, throwing up frequently, as well as dehydration.
When food poisoning becomes serious, it can take a toll not only on your health but on your finances as well, Not only will you need to settle your medical bills and buy prescription medicines, but you may lose income because of your inability to work while you are getting treatment. In this case, you can consider getting in touch with a lawyer to know how you will be able to get compensation for your losses.
With that said, YES! There are instances wherein you need a personal injury lawyer for food poisoning.
Legal Theories in Food Poisoning Cases
Food poisoning claims are usually based on three legal theories, namely strict product liability, negligence, as well as breach of warranties. In either of these legal theories, you need to be able to prove that the food you ate was contaminated and that the contamination made you sick. In this case, a seasoned Houston personal injury attorney suggests that you get help promptly because it is highly likely that other people had the same experience. If so, you and the other individuals can get together and file a class-action lawsuit that has a greater chance of being granted a favorable decision.
Strict Product Liability
One of the legal theories in food poisoning cases falls under strict product liability. In this case, you no longer have to prove that the manufacturer or the supplier of the contaminated food product lacked quality measures in producing and distributing their products. Rather, all that you have to do is to show that the food you have consumed is contaminated and that contamination caused you to become ill.
Another legal theory in food poisoning besides strict product liability is negligence. However, this entails the need for you to prove that the defendants, in your case, acted negligently in manufacturing or distributing the contaminated food product that caused your illness. Compared to strict product liability, proving food poisoning due to negligence may be more difficult to prove.
Breach of Warranties
Several states impose implied warrants or certain minimum standards on products that manufacturers need to adhere to. In this case, you need to prove that the contaminated food that you have consumed, causing you to be ill, breached implied warranties.
To wrap things up, there are specific instances wherein you can be duly compensated when you encounter food poisoning. To prove your claim in these instances, you must work with a seasoned lawyer who will be able to lay out all of your options. This will ensure a greater chance for you to win your case in the end.