There were 10 food outbreaks in several US states last year, which has gone down compared to 19 in 2019 and 24, the previous year. Like all products, poor food quality impacts the health of consumers that can cause stomach problems and diseases. According to the Centers for Disease Control and Prevention (CDC), 40% of the outbreaks last year were connected to E.coli, Salmonella caused 30%, and 20% related to Listeria. When outbreaks occur, the safety and health of consumers are affected that costs not only money but also reduces productivity.
Responsibility for a Food-Related Illness
When you experience food poisoning, you can take legal action. Together with an attorney, you must prove harm or injury. Lawyers will establish the basis of your claim following the product liability guidance to see who is responsible for your mishap. For example, the company may be liable for failing to exercise ‘reasonable care’ in food storage and preparation. Therefore, it is responsible for a flawed food product. The basis for this position is that under general negligence principles, it is the duty of a business, supplier, or manufacturer to apply ‘reasonable care.’ Hence, a company such as a restaurant must keep a safe environment, create and serve safe products, and remove perceived dangers. When a restaurant’s kitchen is dirty or stores food in unhygienic ways, it breaches or violates its duty to its clients.
If you’re the victim of food poisoning caused by a restaurant or a grocery, you must prove that it is the negligence of the business that caused your food-borne illness. However, this is not so easy to prove as you might have eaten elsewhere, like your home or another establishment which could have caused the poisoning. Hence, the source of the poisoning must be determined. Consult a doctor immediately to confirm the diagnosis and the contaminated product.
No Need to Prove ‘Reasonable Care’
In a lot of US states, the strict products liability law is enforced. If there are cases of food contamination, you must be able to demonstrate that the food product you bought was defective and dangerous. Moreover, it must also be shown that spoiled food caused the illness. Under the strict products liability law, it is unnecessary to prove a lack of ‘reasonable care.’ This means that any business can be answerable for selling tainted food. Everyone in the chain distribution can be sued, whether the retailer, manufacturer or wholesaler.
Damages That You Can Claim
If you’re successful in legal action for food poisoning or illness, you are entitled to compensation for damages. Hence, you can get payments for medical bills, lost income, and other out-of-pocket expenses. You can also file for reparation if you are in pain and suffering. In extreme and unfortunate cases, the victim may die and therefore, a wrongful death action can also be filed, entitling families of the victim to compensation.
There are several ways to prove the liability of businesses when it comes to food poisoning and illnesses. In addition to negligence and strict products liability, extensive medical bills and other growing costs can form the basis to pursue legal action against a business or company.