Can food poisoning kill you | Food Poisoning Liability

Can food poisoning kill you | Food Poisoning Liability

Food poisoning liability in OhioWhich pathogens may cause a serious case of food poisoning?

Various pathogens may cause serious illness and death, especially if not treated promptly and properly. Examples of pathogens that may cause food poisoning include:

  • E. coli;
  • Salmonella;
  • Clostridium botulinum;
  • Staphylococcus aureus;
  • cholera; and
  • Campylobacter enteritis.

 Examples of possible sources of food poisoning include

  • Green leafy vegetables;
  • Undercooked meat;
  • Eggs; and
  • Raw fish or oysters.

But any food can potentially cause food poisoning if prepared by an individual who fails to wash his or her hands or who prepares it with contaminated utensils and tools.

Wrongful Death from Food Poisoning

 If a food manufacturer or a restaurant produced food that was contaminated with a pathogen such as one mentioned above – or any other – and your loved one became seriously ill and passed away, you may pursue a wrongful death case.

In order to establish liability and to sue for a food poisoning case, your case must establish certain elements:

  • Duty of care: Restaurants and food manufacturers must take steps to ensure the health of their customers.
  • Negligence: If a cook prepares food without washing his or her hands, or if a food manufacturer does not follow proper food safety guidelines, the restaurant or manufacturer may be negligent.
  • Causation: The negligence mentioned above must have caused illness or death.
  • Damages: The patient or his or her family must have suffered damages as a result of the illness or injury. A minor case of food poisoning may not warrant seeking damages. But if admitted to the hospital or in fatal cases, the patient or family may have ample grounds to pursue a claim.

Proving Liability for Fatal Food Poisoning Cases

Your attorney can help you establish the elements of a personal injury or wrongful death case as mentioned above. For example, video surveillance of unhygienic conditions in the kitchen or photos or records of poor food safety practices at a food production facility may indicate negligence.

Medical testimony and records might establish causation, and other evidence like bills and receipts might establish damages. Your attorney can also seek noneconomic damages like mental anguish related to a loved one’s death.

“A globalized food system, archaic food safety laws, and the rise of large-scale production and processing have combined to create a perfect storm of unsafe food,’’ the Center for Science in the Public Interest writes.

Ryan, LLP helps Cleveland families in need of legal assistance to file a wrongful death lawsuit. If your loved one died because of a serious case of food poisoning, call 877-864-9495 or contact us online to set up a consultation.

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