September is National Food Safety Education Month, a time to talk about the importance of proper food safety practices in both homes and businesses to prevent foodborne illness, also known as “food poisoning.” Every year, millions of people across the country suffer from foodborne illnesses, some of which are life-threatening. According to the CDC, approximately 48 million Americans experience food poisoning each year, resulting in 128,000 hospitalizations and 3,000 deaths. These alarming statistics emphasize the critical role that food safety culture, regulations, and inspections play in preventing unnecessary harm. Unfortunately, despite these preventive measures, contaminated foods still find their way into stores, restaurants, and homes. When negligence in food manufacturing or processing leads to illness or death, those affected may have the right to pursue a personal injury or wrongful death case.
If you or a loved one has been affected by a foodborne illness, a personal injury lawyer can help you understand your rights and seek the compensation you deserve.
What You Need To Know About Food Poisoning Personal Injury Claims
Food poisoning cases can arise when unsafe practices lead to the contamination of food with bacteria such as Salmonella, E. coli, or Listeria. Contamination often occurs during the production, manufacturing, or processing of food items, and in many instances, it is the result of negligence—whether it’s failing to follow safety protocols or cutting corners in cleanliness and quality control.
A personal injury lawyer can guide victims through a personal injury case related to food poisoning in order to help them pursue compensation for medical expenses, lost wages, pain and suffering, and more. The process typically involves several key steps:
- Investigation. The personal injury lawyer will gather evidence, such as medical records, laboratory tests, and food recall information, to establish that contaminated food caused the illness.
- Identifying liability. Determining who is responsible for the contamination is critical. This could involve manufacturers, food processors, distributors, or even restaurants that failed to handle food properly.
- Filing the claim. Once liability is established, the lawyer will file a personal injury claim against the negligent parties. In cases of severe injury or death, a wrongful death claim may also be pursued.
- Negotiation or litigation. A personal injury lawyer will attempt to settle the case through negotiations with the responsible parties or their insurance companies. If a fair settlement cannot be reached, the case may proceed to trial.
The Importance of Food Safety Regulations
Food safety regulations are designed to prevent contamination and protect public health. Federal agencies, such as the Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), enforce strict standards that food manufacturers and processors must adhere to. However, despite these regulations, negligent errors in handling, production, or transportation can still lead to dangerous contamination.
Businesses that prioritize food safety culture, including regular inspections, employee training, and up-to-date safety practices, are far less likely to experience issues leading to food poisoning cases. However, when these safety measures are ignored or improperly followed, companies can be held legally accountable for the harm caused.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
