According to the CDC, an estimated 48 million people get sick from foodborne illnesses each year, resulting in approximately 128,000 hospitalizations and 3,000 deaths. Food poisoning can come from a variety of sources, including undercooked meats, contaminated produce, or improper food handling. If you or a loved one have been injured due to food poisoning from a restaurant, grocery store, or food manufacturer, a successful lawsuit may be possible, but it’s important to note that these types of personal injury cases can be challenging due to a variety of reasons. As a result, it’s important to understand your legal options when seeking compensation for injuries and damages.

Anyone who’s ever been sick from a meal can attest to how miserable the experience can be. Nausea, diarrhea, vomiting, and cramping are just a few of the symptoms that can accompany a foodborne illness. Most cases are mild and resolve within a few days with proper rest and hydration. However, for some, an illness involving harmful bacteria such as E. coli, Salmonella, or Listeria will require hospitalization. In rare instances, severe complications can occur, resulting in death. Young children, the elderly, and individuals with compromised immune systems can all be particularly vulnerable.

It’s possible to take legal action for food poisoning in Indiana and these cases would fall under the category of product liability. If there is a loss of life, it would be classified as a wrongful death. However, in order to successfully recover for damages, a plaintiff would need to prove that the food they consumed was contaminated and directly caused their illness. Establishing this connection requires extensive documentation including medical records, restaurant/store receipts, witness/employee statements, CCTV footage, or other evidence that can firmly link the contaminated item(s) and the negligent party. The extent of one’s injuries, the associated damages, and other legal thresholds would also dictate the viability of a case.

Additional evidence that can assist an investigation includes proving others consumed the same meal and also became sick, as well as health department reports showing that an establishment or manufacturer had a prior history of food safety violations or complaints.

Every personal injury case is different and when unique circumstances exist, such as food poisoning, having an experienced personal injury attorney by your side is essential. They will be your advocate and fight for your rights to recover compensation for medical expenses, lost wages, pain and suffering and other related damages.

If you or a loved one have been seriously injured from a foodborne illness, contact Hurst Limontes and we will be happy to review your case at no cost to you.

Call 317-636-0808 or use the contact form below to request a FREE and confidential consultation.