Tue 14th Apr | 2020

Is Food Poisoning a Product Liability Issue?

Defective Products Food Poisoning Personal Injury Product liability Product Recalls BY

Yes. If you get food poisoning, you may be able to file a product liability lawsuit against the manufacturer, store, or restaurant that sold you the food. This is especially true if the food product that made you sick was recalled by the U.S. Food and Drug Administration (FDA) or associated with an outbreak of infections.

Some of the most recent recalls and outbreaks include:

Listeria monocytogenes

On March 9, 2020, Sun Hong Foods, Inc. recalled all enoki mushrooms imported from Korea because a sample tested positive for Listeria monocytogenes. By March 10, the Centers for Disease Control and Prevention (CDC) had declared an outbreak of Listeria infections related to enoki mushrooms. So far, 36 people across 17 states have gotten sick and 4 have died.

Earlier this year, hard-boiled eggs from Almark Foods were associated with another Listeria outbreak. The CDC released its final investigation of the outbreak on March 4, 2020.

Anyone who eats contaminated mushrooms, or who ate contaminated eggs between December 23, 2019, and March 4, could have been exposed to Listeria. Exposure to this pathogenic bacteria can cause listeriosis. This foodborne illness can cause fever and diarrhea, as well as more severe symptoms in pregnant women and newborns.

Because both foods were recalled, any store or restaurant who sold or served you contaminated foods after the recall could be held responsible for damages related to your illness. If you were affected by listeriosis before the recall, you may be able to hold the manufacturer accountable.

E. Coli

Last year (2019), E. coli was associated with romaine lettuce and chopped salad kits. So far, there has only been one E. coli outbreak in 2020. This particular outbreak is tied to clover sprouts at Jimmy John’s restaurants in 5 states. The chain of sandwich shops has stopped serving clover sprouts nationwide, but those affected by the outbreak may have a lawsuit against the company. So far, fourteen people have reported illnesses. Fortunately, no one has been hospitalized and no one has died.

An E. coli infection can cause severe stomach cramps, diarrhea, bloody stool, and vomiting. Some people get a low-grade fever and most recover within 5 to 8 days. Nevertheless, some infections can result in severe and life-threatening complications.

If you’ve been exposed to E. coli and developed an infection, you may be able to recover damages, especially if your illness is severe.

Sue for Foodborne Illness with Clark, Fountain, La Vista, Littky-Rubin & Whitman

Our team can investigate the circumstances of your illness and help you hold the correct party liable for any losses associated with your illness. You may need to pay for expensive medical bills, offset the time you took off work, or even account for the pain and suffering associated with days in the bathroom.

Tell us your story at 561-899-2100 today. You can also contact our attorneys online for a free consultation.