Hampton & McCreary
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Food poisoning FAQ: Is someone at fault?

According to the CDC, 1 in 6 Americans fall ill because of food poisoning every year. Some people pass off their symptoms as stomach flu or some other disease, but food poisoning may cause long-lasting damage, such as organ failure. Another party might be at fault for damage done to you or your family from contaminated foods. Here is what you should know about food poisoning and responsibility when it occurs.

What is food poisoning?

Food poisoning refers to a number of diseases that are passed through contaminated foods. Some well-known examples of food borne illness are salmonella and E. coli. These diseases can be passed if food is prepared in an unsanitary environment, not stored at a proper temperature, or if certain foods are undercooked, namely undercooked meats or raw fish.

How do I know if I have food poisoning?

Food poisoning is often mistaken for stomach flu because it can cause similar symptoms. Food poisoning can begin anywhere from a few hours to a few days after eating contaminated food. It can last for days or even weeks whereas stomach flu typically lasts about 24 hours. If you exhibit symptoms of food poisoning, a doctor can provide a diagnosis and proper treatment.

Is someone at fault for food poisoning?

Instances of food poisoning are similar to defective product cases. The restaurant or company that sold contaminated food might be liable for the damages they caused, especially if they prepared the food in an unsafe manner or in an unclean environment. If you or a loved one suffered because of food poisoning, you may be able to take legal action to hold the company accountable and cover any medical bills.

Are there limitations to bringing a food poisoning case?

While it is valid to pursue a case, it can be difficult to do if you don't act quickly. For one, it can be hard to prove that the food was the cause of your illness. This becomes even harder to prove if you contact an attorney after your symptoms are already gone.

Being sick for days or an entire week is awful, but that is a relatively short time to take action. If you believe you are a victim of food poisoning, it is important to talk to an attorney right away. You should also consider medical attention. Keep record of any doctor's visits or diagnoses. They may help to show fault if you decide to pursue a case for the harm caused to you or your family.

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