Foodborne Injuries
A food injury case can be equated to any case involving a faulty product that causes harm. From food poisoning and other contamination, this type of injury is on the rise. The damages awarded from a food injury may vary due to the extent of the victim’s suffering and the circumstances involved. Eric has represented numerous cases against restaurants and food manufacturers for injuries and emotional distress resulting from dangerous or disturbing objects in food. Through a detailed investigation on behalf of the defendant, Traut Injury Law will work toward holding the correct party responsible. Here’s how such a case works, particularly in California:
Proving the Food-Caused the Injury
Proving that a particular food caused your injury or illness involves showing:
Causation: You must establish a direct link between the food and your illness, which can be challenging. Medical records, lab tests, and, ideally, stool or blood samples tested for specific pathogens can help. Public health investigations and food safety reports may also back up your case, especially if other people got sick from the same food.
Timeline: It’s crucial to document when you consumed the food and when you developed symptoms. This timeline should be consistent with the incubation period of the suspected contaminant.
Supporting Evidence: Receipts, witness statements, and, in some cases, epidemiological evidence (like health department findings) help strengthen your claim.
Types of Damages You Can Claim
When injured by food, you may claim several types of damages:
- Medical Expenses: Past and future medical bills for treatment related to the foodborne illness.
- Lost Wages: Compensation for income lost due to missed work.
- Pain and Suffering: Compensation for physical and emotional distress.
- Loss of Enjoyment of Life: If the illness affected your ability to enjoy daily activities.
- Punitive Damages: In cases where the food supplier or restaurant acted with gross negligence or willful disregard for safety.
Relevant California Laws
California has strict liability and negligence laws related to food injuries, under which both manufacturers and sellers can be held liable for foodborne illnesses. Under California’s “Strict Liability” doctrine, any party involved in the food’s distribution chain (like producers, distributors, and restaurants) can be liable if the product was contaminated or harmful.
California’s Consumer Legal Remedies Act and Uniform Commercial Code (UCC) further provide consumers with avenues to claim damages if food is contaminated or falsely advertised as safe.
Who to Sue: Restaurant or Distributor?
In most cases, you may sue:
- The Restaurant: If you fell ill after eating food at a restaurant, they are often considered responsible for ensuring food safety in preparation and serving.
- Distributor, Manufacturer, or Supplier: If it’s determined that the contamination originated from a packaged product, you might include the manufacturer or distributor in your lawsuit. This is often the case if the food was already contaminated before it reached the restaurant.
- Multiple Parties: It’s common to sue multiple parties (e.g., restaurant, distributor, and manufacturer) in what’s called a “joint and several liability” claim, especially if you can’t pinpoint the exact source of contamination.
This area can be tricky and it may require doing written discovery with the defendants to determine the precise cause and responsible party. This is one of the main reasons you should consult Traut Injury Law, instead of trying to handle the case on our own.
Steps to Take
- Seek Immediate Medical Attention: This not only ensures your health but also creates documentation for your claim.
- Preserve Evidence: Keep receipts, food packaging, or leftover food if possible. Often times the restaurant or store manager will want you to leave it with them. Instead, make an incident report and allow them to take photographs of the food, but not retain custody of it. You should place the item in the freezer for later testing and contact Traut Injury Law and the local health department to make a report.
- Consult a Lawyer: An experienced personal injury or foodborne illness lawyer can help you gather evidence, determine the appropriate defendants, and navigate California’s food liability laws.
If you’re considering pursuing such a claim, hiring Traut Injury Law can help ensure you meet the specific requirements and deadlines under California law.
