Food Contamination and the Grounds for a Product Liability Case

Food Contamination and the Grounds for a Product Liability Case

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Medical evidence obtained through a product liability medical record review is the key to a successful food contamination claim.

MOS Medical Record Reviews 8596 E. 101st Street, Suite H Tulsa, OK 74133

Food poisoning cases occur frequently, with restaurants, grocery stores and other food distributors responsible for the injury/harm caused to people who consumed the contaminated food. Medical evidence obtained through a product liability medical record review is the key to a successful food contamination claim. Customers may be able to sue the business on the grounds of strict products liability or general negligence. In the absence of sufficient credible evidence, you cannot connect the food poisoning incident to a particular restaurant, hotel or commercial handler who is responsible.

Important Forms of Evidence 

The packaging/wrapper of the food item: The labels often provide the “Sell by” date. Even the minutest amount of organic material present can be tested for the presence of the organism that caused the infection.



The people who were with the injured party: In case the claimant was in the company of friends/family, it would be ideal to request them to confirm in writing that they were present with the injured party at the time.

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The receipt from the restaurant/store.

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Statements from the manager and other employees who were working at the establishment at that time. They could give info regarding unhygienic conditions, undercooked food, and inadequate refrigeration.

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Copies of medical records, receipts for any expenses connected with the food poisoning, bills.

Grounds of Strict Products Liability, Negligence and Breach of Warranty 

Under strict products liability, the plaintiff will have to prove that the food servedby a particular food outlet was unreasonably dangerous and defective, and that it caused the illness. However, there is no need of demonstrating lack of reasonable care.



Under

general

negligence,

the

plaintiff

will

have

to

prove

that

the

restaurant/hotel/food supplier did not exercise reasonable care, and this caused the contamination. The entity that provides food has to maintain a safe environment, ensure that the food is safe, and avoid unreasonable risks. To prove causation, the plaintiff will have to consult a doctor immediately and get a diagnosis and also identify the contaminated food. 

Under breach of warranty, the injured customer can claim that the food supplied did not conform to the expectations of an ordinary buyer regarding noncontaminated food, and did not follow minimal quality specifications.

An employee who contracted food poisoning while on the job may be eligible for workers’ compensation benefits – medical treatments, out-of-pocket expenses, and around 2/3rd

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of the wages lost while recovering. In addition, the injured party can also file a claim against the manufacturer of the food product if it can be proved that the food was the direct cause of the poisoning.

Food Poisoning Product Liability Lawsuit – Legally Recoverable Damages As mentioned at the outset, an exhaustive medical records review can provide the medical evidence required. This and other forms of evidence can help prove causation, extent of injury and other aspects relevant to the case. The recoverable damages include: 

Medical expenses



Lost income

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Out-of-pocket expenses

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Pain and suffering

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Emotional distress

If unfortunately, the food poisoning resulted in the death of the injured party, a wrongful death lawsuit can be filed against the parties responsible for the injury and subsequent death.

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