Every year 76 million Americans fall victim to food poisoning and other food borne illnesses. About 300,000 people become so seriously ill that they require hospitalization. Even worse, food related illnesses kill 5000 Americans each year. In most cases of food poisoning, the course of the illness is a period of acute distress and symptoms such as abdominal cramps, abdominal pain, vomiting, diarrhea and fever. Vomiting and diarrhea are the body's emergency measures to rid itself of the toxic agent. Sometimes the acute stage is a matter of a few hours, but it may continue for days, with increasingly severe symptoms. As the body evacuates toxic agent, symptoms gradually decrease.
If you suspect that you or a loved one has become a victim of food poisoning, you should seek medical care as soon as possible, to determine the type and severity of your illness and the proper steps to take. A prompt medical evaluation and response may make the difference between an unpleasant episode and a life-threatening illness. The most vulnerable victims are young children, the elderly, people with compromised immune systems or with severe chronic illness.
In addition to individual illness, pain, and suffering, food contamination and the illnesses that result have substantial economic and social impact. In the U.S., medical costs and lost productivity caused by food-borne diseases cost more than $35 billion annually.
More than half of all food borne illnesses, about 55%, result from failure to follow standard practices for cooking and storing foods. Another 24% are caused by negligent hygiene by food handlers, including failure to follow the most basic rule of food hygiene, thorough washing of hands before handling food. Both of these causes, which cover almost 80% of food poisoning cases, reflect negligence and failure to adhere to basic industry standards.
Negligence is defined in the law as conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In a negligence action the plaintiff, or injured party, must establish that the defendant owed the plaintiff a duty of care, that the defendant failed to discharge that duty, that the defendant's failure in the duty of care caused the plaintiff's injury, and that the plaintiff in fact was injured.
If you or a loved one has been seriously injured by food borne illness, and have reason to believe it was caused by negligence or failure to follow safe food handling procedures, you may have a legal case. You will want to discuss your situation with an attorney who is experienced in food borne illness cases. It is important to follow up as soon as possible after your illness, while evidence is still available and access to witnesses and other parties involved is easiest.
The selection of a food borne illness attorney to represent you is a very important decision. You or your family will want to talk to several attorneys, and as you interview plaintiff's lawyers and law firms you should ask about their experience in cases similar to yours. You want a law firm whose food borne illness attorneys have significant trial experience with food borne illness cases, and sufficient assets to aggressively prosecute your case.
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