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Food Poisoning Lawyer Discusses Food Poisoning Litigation


Food poisoning cases are difficult to pursue and usually settle for no more than nuisance value, a relatively small amount of money. Many personal injury lawyers refuse to take them. Because the lawyer is compensated only upon settlement, the relatively low value of most of these cases, along with the problems of proof, make them generally a poor investment of the lawyer’s time and money.

If you have been severely harmed by a contaminated food product, you need to immediately find a good personal injury lawyer. For example, a negligently packed canned food product can cause serious bacterial diseases such as botulism. To prove a food poisoning case, you should go to a hospital for blood and stool samples. It is also helpful if the food is kept intact for examination by an expert. Keep it in a safe place where it will neither be thrown away nor exposed to heat. Depending on the food product, it should probably be stored in the refrigerator or freezer. Your lawyer will instruct you as to the best way to handle this situation.

Here are some of the allegations that can go into a food poisoning lawsuit:

Plaintiff’s injuries were directly and approximately caused by the negligence, carelessness and/or recklessness of defendants and/or their agents, servants, workmen or employees in:

(a)  Failing to properly prepare food and to use quality ingredients to ensure their purity and safety;

(b)   Failing to properly inspect and maintain the food and beverages in order to ensure their purity and quality;

(c)  Failing to properly store food and beverages at appropriate temperatures;

(d)  Serving spoiled food and beverages to patrons including plaintiff despite knowing or having reason to know that the food and beverages were spoiled;

(e)  Failing to warn patrons of the market and sushi bar that the food had spoiled and could cause serious physical illness, despite knowing or having reason to know that the food had spoiled;

(f)  Failing to warn plaintiff that plaintiff may have consumed defective and/or  dangerous food sold to her by defendants despite knowing or having reason to know that other patrons became ill after consuming such items;

(g)  Failing to comply with Township, County and Commonwealth statutes, ordinances and regulations regarding the preparation and sale of food products;

(h)  Failing to follow sanitary and hygienic procedures in the preparation and sale of food products;

(i)  Such other negligence, carelessness and/or recklessness as may be revealed during discovery.

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