Food Poisoning Lawyers and Attorneys. Have a Food Safety Case? We Can Handle!

For some victims, food poisoning can result in long-lasting impacts on an individual’s health. The U.S. Department of Health Services estimates that there are about 48 million cases of foodborne illnesses annually, resulting in an estimated 128,000 hospitalizations and 3,000 deaths. While in some cases food poisoning can resolve over some time, serious cases may require medical attention. Thus, it is extremely important to know when to see a doctor because of food poisoning.

What is Food Poisoning?

Food poisoning can occur when swallowing contaminated food or water that have certain bacteria, parasites, toxins, or viruses. Victims become ill and begin to exhibit symptoms after eating contaminated substances. There are many ways food can become contaminated. The improper handling and preparing of food are the two common causes. Meat and poultry become contaminated when exposed to specific bacteria, and ingesting bacteria can lead to food poisoning. Water can also become contaminated when waste leaks into the water supply.

The most common types of food poisoning:

• Botulism
• Campylobacter
• E. coli
• Hepatitis A
• Listeria
• Norovirus
• Salmonella

For example, in October 2020, the U.S. Food and Drug Administration (FDA) concluded an investigation into a multi-state outbreak of Salmonella Enteritidis infections linked to peaches packed or supplied by Prima Wawona or Wawona Packing Company. The bulk/loose peaches supplied by Prima Wawona are were sold in Connecticut – and the state had 1- 4 cases of food poisoning from this outbreak.

Overall, the FDA found that a total of 101 people were infected with Salmonella Enteritidis outbreak from 17 states.

If you and/or a loved one has been a victim of food poisoning in Norwalk, CT, our experienced personal injury attorneys at Lemberg Law are equipped to get you the compensation you deserve. We understand that food poisoning can happen suddenly and unexpectedly, resulting in serious impacts on your health and finances; which is why you may need help as soon as possible.

Navigating the food establishment, retailer, or food manufacturer that may be at fault for your injury can be a scary and frustrating experience, but it doesn’t have to be. For 13 years, Lemberg Law has made legal representation a pain-free and easily accessible process. We have successfully recovered more than $50 million in damages for more than 25,000 clients across the nation. Our track record speaks for itself.

You may be compensated for damages or losses associated with your food poisoning injury, which can include but are not limited to:

• Medical expense reimbursements
• Payment of lost wages
• Compensation for future medical costs
• Payment for future earnings
• Damages for pain and suffering

Common Symptoms of Food Poisoning

Food poisoning symptoms can range from mild ones like cramps, nausea, and diarrhea, to more severer symptoms, such as abdominal pain, a fever, difficulty swallowing or even breathing. Foodsafety.gov lists the most common symptoms and long-term effects associated with several types of food poising, which can include: 

• Upset stomach
• Stomach cramps
• Nausea
• Vomiting
• Diarrhea
• Fever
• Dehydration

Serious long-term effects of food poisoning:

• Kidney failure
• Chronic arthritis
• Brain and nerve damage
• Death

Leading Causes of Food Poisoning

• Bacteria and viruses: Bacteria and viruses are the source of many food poisoning cases that result in serious illness, hospitalization, and death in the U.S. For example, Salmonella is one of the most common bacterial causes of diarrhea and the most common cause of foodborne-related hospitalizations and deaths, according to org.
• Parasites: According to the CDC, numerous parasites can be transmitted by food including many protozoa and helminths. Parasites can be transmitted in foods like undercooked fish, crabs, and mollusks, undercooked meat, and raw vegetables that have been contaminated by human or animal feces.
• Allergens: A food allergy is when your immune system reacts after eating a certain food. Allergens can trigger symptoms such as hives, digestive problems, or swollen airways. In severe cases, a food allergy can cause a life-threatening reaction known as anaphylaxis. Common foods like nuts, milk, eggs, tree nuts, peanuts, wheat or safety, and crustacean shellfish can cause allergic reactions for those with allergies, according to foodsafety.gov.
• Molds, Toxins, and Contaminants: Some food poisoning cases can be caused by either natural toxins or added chemical toxins. The U.S. Department of Agriculture Food Safety and Inspection Service warned that foods with mold can cause “allergic reactions and respiratory problems.” Some molds may even produce poisonous substances cause “mycotoxins” that can make people sick.

Tips to Prevent Food Poisoning

The CDC lists various tips on its website on how to protect yourself and others from food poisoning. Following the recommendations below can decrease the risk of catching a foodborne illness.

1. Make sure to wash your hands and work surfaces before, during, and after preparing food. This includes utensils, cutting boards, and countertops.
2. Separate raw meat, poultry, seafood, and eggs from ready-to-eat foods.
3. Cook food to the right internal temperature to kill harmful bacteria. You can use a food thermometer to help.
4. The CDC recommends that you keep your refrigerator 40°F or below and to refrigerate leftovers within 2 hours of cooking or within 1 hour if food is exposed to a temperature above 90°F .

FAQs about Food Poisoning

Should I see a doctor for food poisoning?

The CDC recommends that you should see a doctor for food poisoning if you have severe symptoms, such as bloody stool, high fever (temperature over 102°F measured orally), frequent vomiting that prevents keeping liquids down, signs of dehydration (including little or no urination, dry mouth, or feeling dizzy when standing up), or diarrhea that lasts more than three days.

What do I do if I have a recalled food product?

First, do not eat the food or open the food. If you have already opened the product, remember to wash your hands thoroughly with warm water and soap for 20 seconds after handling it. In order to find out what to do with the food, check the recall notice. The recall notice should provide instructions on what to do with the product. Sometimes, it will indicate you to return the product to the store for a refund or to dispose of the product properly so that other people and animals cannot eat it, according to foodsafety.gov.

Who is liable for my food poisoning injury?

Food poisoning generally fall under product liability law, a set of legal rules concerning who is responsible for defective or dangerous products. For example, liability for a product defect could rest with the food manufacturer, the retailer, the producer, etc.

There is no federal product liability law, thus product liability claims are based on state laws. Connecticut allows for claims based on negligence, strict liability, and break of warranty. Strict liability is the preferred theory for asserting a defective product claim because there is no need for the plaintiff to prove that the defendant was negligent. The plaintiff must establish that the product was defective when it left the hands of the defendant manufacturer, seller, or distributor, and that the defect was the cause of the plaintiff’s injuries.

To prove your claim, you will generally need to provide 1) the food you ate was contaminated, and 2) the contamination made you sick.

Who has a higher risk of food poisoning?

Those who are at higher risk of getting food poisoning or contacting more severe symptoms include adults 65 and older, children younger than age 5, individuals with a weekend immune system (including diabetes, liver, kidney disease, HIV/AIDS, or cancer), and pregnant woman.

Where can I report my food poisoning?

If you think you or someone you know got sick from food, please report it to your local health department. You can find information on how to contact your local health department on the CDC website, linked here.

How much compensation am I entitled to?

How much you may receive in damages depends on a variety of factors, such as the sum cost of your injuries and who is at fault. Once our lawyers get all of the necessary information from you, we will evaluate your case tailored to your needs. We provide personalized representation to our clients and make sure to keep them informed about any updates in their case.

In some cases, a class action may have already been filed in connection with the particular outbreak of food poisoning that made you sick, and you may have the option to join an existing lawsuit.

How much time to do I have to file a product liability claim in Norwalk?

According to Connecticut Product Liability laws, plaintiffs have three years from the date of injury, death, or property damage to file a product liability lawsuit. The state’s discovery rule may extend that time since the time is measured from when the plaintiff knew or should have discovered the damage. Keep in mind, in Connecticut, you cannot file a product liability lawsuit if more than 10 years have passed since the defendant last had possession of the product.