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Understanding the Basics in Food Poisoning Cases

Outbreaks of food poisoning and food-related illnesses can result in dozens of restaurants being shut down. According to the Centers for Disease Control and Prevention, an estimated 48 million people get sick from a foodborne illness – of those millions, 128,000 are hospitalized and 3,000 die. In this blog, our Los Angeles product liability attorney explains the product liability basics in food poisoning lawsuits.

Proving Your Claim

In cases pertaining to food illnesses, successfully proving your claim is often the most difficult challenge you will face. In order to secure a favorable outcome in your case, you must be able to show that the food you ate was contaminated and the contamination made you sick. Pinpointing the specific food item that made you ill and providing medical samples proving that the same germ that made you sick is the same as the germ that contaminated the food you consumed will help your case greatly.

Who is liable?

When filing your claim and building your case, you want to include any and all parties involved in the path the food product took from the manufacturer, to the distribution, to the retailer, straight to the customer. While this is a general principle that can be easily applied to traditional product liability cases, in food poisoning cases, you’ll want to trace the product’s contamination directly to the source.

Statute of Limitations

If you feel as though you have a case and wish to pursue legal action, you should file a claim sooner rather than later. In California, you have two years from the day of the incident to file a claim. Should you miss the deadline, it may be too late to take action against the individual or party responsible.

Attorney David Shoop has extensive experience assisting clients through food poisoning lawsuits. Find out if you have a case by contacting our trusted Los Angeles product liability lawyer and scheduling a free consultation today.