
Over 48 million Americans are affected by food poisoning annually, resulting in more than 120,000 hospitalizations and 3,000 deaths.
To file a food poisoning claim, you should know that legal frameworks vary across states, but they do share some elements in common. Personal injury laws generally address negligence, liability and consumer rights. In this blog we will help everyone, seeking justice after experiencing foodborne illness, explore their legal options.
What Is Food Poisoning and How Does It Happen?
Food poisoning happens when a person consumes contaminated food or beverages that lead to illness. Symptoms typically include nausea, vomiting, diarrhea, fever, and in severe cases, dehydration requiring hospitalization. These symptoms can persist for days or weeks, significantly impacting the ability to work and enjoy daily activities.
The common causes of food poisoning are:
- Bacterial contamination from improper food handling or storage, affecting everything from raw meat to fresh produce
- Cross-contamination in restaurant kitchens or food processing facilities
- Inadequate cooking temperatures that fail to kill harmful bacteria
- Poor hygiene practices by food handlers
Where Food Poisoning Comes From
Food can become contaminated and unsafe to eat in many places before it reaches your plate. Detecting those sources can help your personal injury lawyer pinpoint responsibility in food poisoning lawsuits:
- Restaurants: Unsanitary practices or cross-contamination in kitchens often result in outbreaks. Consuming raw or undercooked seafood, such as oysters, has also been linked to bacterial infections like Vibrio Vulnificus, which is a growing concern in Miami, Florida.
- Grocery Stores: Spoiled or improperly stored items, including fresh produce and packaged goods, pose significant risks. Fresh seafood that is improperly chilled can harbor harmful bacteria.
- Food Processing Facilities: Contamination during processing or packaging due to unclean equipment or unsafe practices can affect large batches of products.
- Home Preparation: Handling errors or inadequate storage, though liability in such cases may not extend beyond the consumer. This includes undercooking seafood or improperly washing raw produce, which can lead to bacterial infections such as Salmonella or E. coli.
Can You Sue for Food Poisoning?
Yes, you can sue for food poisoning, whether it’s against a restaurant or other food provider. Victims have legal rights and avenues to pursue compensation. Across the United States, two primary legal theories apply to food poisoning cases:
- Negligence: This applies when someone’s carelessness leads to contamination. Examples include improper food storage, unsanitary restaurant conditions, or failure to adhere to food safety regulations.
- Strict Liability: Food manufacturers and establishments are held accountable for selling unsafe products regardless of negligence. This ensures victims receive compensation if the food was contaminated and caused harm.
In Florida, these general principles are reinforced with additional considerations. To successfully pursue a food poisoning lawsuit in the Sunshine State, you’ll need to establish:
- The food was contaminated when it left the defendant’s control
- The contamination caused your illness
- You suffered damages as a result
Victims may also take legal action in cases involving breaches of contract, such as catering or delivery services, where there is a clear expectation of safe food handling. Across the United States, legal frameworks emphasize accountability at all levels of food preparation and distribution.
When to File a Food Poisoning Lawsuit?
Not every foodborne illness warrants legal action but certain situations strongly support a food poisoning claim. Here is how to know if you might have a case:
- If others who ate at the same place around the same time also became ill, this creates a clear pattern.
- If the health department investigated and found issues like unsafe food temperatures or cross-contamination in the kitchen, this helps prove the establishment was negligent.
- When doctors can identify specific bacteria like Salmonella or E. coli through testing, it’s easier to link your illness to contaminated food.
Keep anything that shows you consumed the contaminated food. Even if you’ve already gotten sick, start gathering evidence right away:
- Save your receipt, credit card statement, or food delivery app confirmation
- Take photos of any leftover food (don’t throw it away – it might need testing)
- Keep all medical bills, lab results, and doctor’s notes
- Document every day you missed work and calculate your lost wages
- Take notes about your symptoms and when they started
The sooner you start documenting everything after getting sick, the stronger your food poisoning case will be. These details can make the difference between winning and losing a food poisoning lawsuit.
Acting quickly also helps personal injury attorneys investigate while evidence is fresh and easier to obtain. Restaurants typically don’t keep surveillance footage or food supplier records for long, and memories also fade over time.
If you’re unsure whether you have a case, most personal injury lawyers offer free consultations to evaluate your situation.
Florida-Specific Laws for Food Poisoning Lawsuits
Florida law provides specific protections for food poisoning victims. Key considerations include:
- A two-year statute of limitations for personal injury cases
- Pure comparative negligence rules that may affect compensation
- Strict liability standards for contaminated food products
Florida law also places emphasis on adherence to federal food safety guidelines, such as those issued by the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC).
Food Poisoning Lawsuit Settlement Amounts
Settlement amounts for food poisoning lawsuits vary based on factors like illness severity, medical expenses, and lost wages. Generally, settlements can range from a few thousand dollars to over $500,000. Notably, the highest settlement in a Florida food poisoning case reached $6.7 million.
Steps to Take If You’ve Experienced Food Poisoning
If you believe you have food poisoning, take these immediate actions:
- Seek medical attention and follow all treatment recommendations
- Report the incident to your local health department
- Save any remaining food samples for potential testing
- Document all expenses and losses related to your illness
- Consult with an attorney experienced in food poisoning cases
Don’t Wait—Contact Us for a Free Consultation
If you or a loved one has suffered from food poisoning in Miami, Florida, personal injury attorneys at Dolan Dobrinsky Rosenblum Bluestein, LLP offer a free consultation. Contact us today at 305-371-2692.