Skip to content

Recalls no Laughing Matter; Product Liability Case for Food Poisoning

food-poisoningWhen a harmful bacterium enters our body, typical symptoms include fever, headache, vomiting and nausea lasting from six hours to up to forty-eight hours after digesting.  Although rare, there are sometimes long-term and serious effects of food poisoning such as kidney failure, chronic arthritis, nerve damage, brain damage, or even death.  Every day a food product is recalled by the USDA in an effort to protect consumers.

Food Recalls due to Poisoning

A food recall is basically a corrective action to protect consumers from potentially adverse effects of food.  Although federal regulators are doing their best to prevent contamination, we continue to see and hear outbreaks pertaining to food-related illnesses every year.  (Chipotle was a big headline in 2015).  Current food safety recalls most recent recall this year involves more than 350 products of frozen vegetables and fruit due to listeria fears.  Here is a breakdown of the class actions associated with a food recall: 

Class I Action:  Most severe recall classification indicating that there is reasonable probability that consumption can result in serious illness or death

Class II Action: This recall is used where there’s a small possibility of medically reversible health consequences.

Class III Action: Recall that does not relate to the food itself, but to improper labeling.

Food Poisoning Lawsuit; do I have a case?

Basically, you may have a case if both the law and evidence support your claim. This will greatly depend upon the details and circumstances of each particular situation.  Most poison-injury lawsuits fall under product liability.  Also, many states have some form of, “breach of implied warranties” that may support your case.  (Meaning, if there has been a violation of implied warranties; this may also constitute a personal injury case for poisoning.)  Lastly, if a strict liability is not a legitimate basis for your legal claim, negligence may be proven to support your claim.  In any case, it is advantageous to find out precisely which food has caused your sickness, and where it came from.

Proving Personal Injuries due to Food Poisoning

Punitive damages may be awarded to victims for medical expenses, pain, suffering, emotional distress and other compensatory damages caused by poisoning.  If you believe your sickness was caused by food at a restaurant, for example, it may be possible to make solid connections, even if a specific food has not yet been determined.  (Ex:  Pathogen testing is commonly used when many people have reported sickness from a particular establishment.)    Lastly, if a government health agency has linked a particular food you ate to an outbreak of food poisoning, your claim may be easier to prove.    

Food poison claims can be difficult to prove.  Hire a Wisconsin Accident Attorney. 

Uncovering the evidence needed to argue your personal injury claim or wrongful death claim can be a challenge; you’ll need an experienced product liability law firm.   Once you have found a good attorney, they will know who to sue for damages, and how to prove your case.  Personal injury and product liability attorneys at Action Law Offices represent clients who have been injured or have suffered as the result of negligence of another party.  They fight, and they win cases across Southeastern Wisconsin.  Contact an Action Law Offices lawyer for a free consultation to know for certain.  Simply call 414-56-1111 or use this online form for your inquiry:

Leave a Comment


Before Contacting a Personal Injury Lawyer, You Should Know:

The insurance adjustor is on the insurance company’s side, not yours.

Some are aggressive and try to scare people into not making a claim or into accepting very little compensation. Other adjustors seem kind and helpful — and then use your own words to deny your claim. The bottom line: the less the insurance company has to pay out, the more incentive the adjustor has.

We will investigate to establish liability and damages.

Our law firm has extensive resources to investigate an accident and assess who was at fault, regardless of the accident type. We work with a range of investigators and experts whose expertise provides crucial information for our determination of a fair settlement value.

Our attorneys can explain your coverage and your rights.

If you were hit by an uninsured or underinsured driver, your insurance company may fail to tell you about your rights under your own policy. We can also help you understand your medical coverage under your health insurance policy.