Food Poisoning

Food Poisoning

Food Poisoning

To eat someone's cooking is to trust them - it's very personal if you stop to consider the risk you take. And when a restaurant or store earns that trust, they owe you a duty to serve wholesome, uncontaminated food. We all have to eat out from time to time – sometimes frequently. The Centers for Disease Control and Prevention estimates that 48 million people each year get sick from a food borne illness, and that 128,000 of those are hospitalized, and as many as 3000 die. If you've suffered food poisoning, whether it is Salmonella, Listeria, Staphylococcus, Hepatitis, Shigellosis, or E. coli  because a restaurant failed to cook or handle food properly, or otherwise allow bacteria or contaminants into your food, you are entitled to damages and should speak with a Virginia food poisoning attorney.

FOREIGN OBJECTS IN FOOD

It happens: things that NEVER should be in your food, make it into your food. Some are ultimately harmless. Some are disgusting, like the presence of hair, or roaches. And some are potentially very harmful, like glass in canned food...yes, we had that case.

BACTERIAL FOOD POISONING INJURIES

It is a well-known fact that bacteria colonize and multiply in food sources that are undercooked, or improperly stored. The consequences can range from discomfort to hospitalization, serious injury, and even death. The challenge in these cases is establishing which food caused the injury, so see below for basic things you need to know about the law in food poisoning personal injury cases.

FOOD POISONING LAW IN VIRGINIA

The Uniform Commercial Code, in the Code of Virginia, established an implied warranty for serving unwholesome food. In short, every food item you buy comes with a warranty from the seller, and the manufacturer (if different), that it is safe to consume. Sellers are in the best position to prevent food borne illness, so the law makes them responsible. Virginia Code Section 8.2-314. Virginia Courts ruled this way before the statute was even on the books, holding that: “[a] dealer who sells unwholesome foodstuff for immediate consumption is responsible for any ill effects which may follow therefrom. He is liable for the results of any negligent act of his which should reasonably have been anticipated by a prudent man, and he is also liable on an implied warranty.”  — Kroger Grocery & Baking Co. v. Dunn, 181 Va. 390 (1943) A Virginia food poisoning attorney will be able to apply this law to the facts of your case.

DAMAGES IN FOOD POISONING CASES

  A food poisoning lawyer’s role is to maximize compensation for your pain and suffering, discomfort, hospitalization, medical bills, lost wages, and other damages available under Virginia Law. Frequently, people suffering from food poisoning become dehydrated and need to be hospitalized, or require other medical treatment. This pain and suffering, inconvenience, and discomfort are items of damages available in a food poisoning case.  

WHAT YOU NEED TO KNOW IF YOU HAVE A VIRGINIA FOOD POISONING CASE

If you have suffered from food poisoning or contaminated food, you should:
  • Seek medical treatment
  • Save the food if your still have it
  • Photograph the food and contaminant. if visible.
  • Call the health department
  • Contact a Virginia food poisoning attorney

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