Have you, a relative or partner, been overcome with a food-born malady? Were you struck down with terrible and acute food poisoning? Our injury attorneys at Ehline Law Firm represent food poisoning victims like you.
We have all gotten sick, or probably will, after we eat tainted foods. We have vast experience in food poisoning claims due to the number of victims who telephone our firm.
The taint of food is the fault of the:
Well, this is not as complicated as it may sound. If a food preparer fails to avoid bacteria filth, you can get sick or even die. Simple.
Here’s the thing. It is complicated to prove that you became ill from a particular food substance. Perhaps you saved the leftovers and have them as evidence and let’s say you even went so far as to have the food tested in a lab that indeed confirmed the presence of bacteria. It is effortless for the defense to argue that the food in question bred bacteria due to your negligence and that you left the food unrefrigerated so that bacteria could grow.
If cases like this were heard and ultimately won by plaintiffs that did such an unscrupulous thing – there would be no end to senseless and baseless litigation against food purveyors and restauranteurs. You likely are very upset that you became ill as a result of food poisoning. I know from personal experience that getting sick from something you ate is beyond aggravating, and if you’re anything like me, you’ve taken this unfortunate experience quite personal.
You likely have missed work, necessary appointments, and family functions due to being required to stay near a toilet or a puke basket. This is no fun. More often than not, we just let the bug run its course and get back to our daily lives with that little voice in the back of your mind, saying, “I’ll never eat at that place or that food again – EVER.” Also, it’s difficult to discern between food poisoning and the flu.
So in personal injury cases involving food poisoning, the attorney handling the case and the plaintiff must substantiate evidence and a righteous argument for remedy and compensation. Of equal importance is the protection of future patrons or persons who may also become ill due to a restaurant’s negligence and less-than-healthy handling of their food products.
So it works like this. If you got struck down with an illness, you might be out of pocket or worse. And this holds even if you make a full recovery.
So you will want to get reimbursed. These can be expensive items too.
They could include:
These items may include costs for:
All of this adds up. And it takes a trained lawyer to get it into evidence.
What if you:
At the end of the day, you may:
Now that you are able, you may wonder if you can sue anyone. Whether you sue depends on the facts leading to your illness.
You must act like a bat out of hell to find the nexus of illness.
In cases with private defendants, a delay makes it harder.
Examples are:
Lines can blur the longer the wait. This could mean death in your case. And this is another reason to speak with a lawyer asap.
Some claims are made if a recall by the distributor or creator comes about.
And cases like this are easier for pinning down liability. But this assumes you can prove you ate food that was the subject of the recall. No matter what, this is no task for the faint of heart. Roadblocks for people with no lawyer abound.
An attorney can help in many ways. A counselor with empathy and passion is best. Some of our lawyers have been victims of food poisoning.
Because of this, we know the devastation bestowed by these cases. And our personal experiences place us in your shoes.
National and state laws are to make sure what we eat is safe. Also, they can help cut down on levels of illness caused by inadequate preparation or storage.
But when regulations or regulators fail, the result could be illness or death. Every year there are thousands of cases of food poisoning across California.
Food poisoning is also known as a “food-borne illness.” And this is a catch-all term to describe ailments.
In any case, it gets spread with edible materials. Most of the time, it is degraded by microscopic bugs. And science calls these “pathogens” and “microbes.”
Adults and little kids can get very sick or even die from lousy food exposure.
Most of you have seen the media reports of poisoning epidemics.
Listeria outbreaks from cantaloupes have killed many in the U.S., and state officials investigate new cases from fruits and canned goods.
It is hard to pin down liability with a long delay. And this is why it is so important to be vigilant. It helps to be abreast of the news. So look out for recalls if trying to figure out what made you sick.
Science indicates that remain at least 250 unique grades of food poisoning. (See CDC Website here).
An easy way to broadly order them is as follows:
And it is strongly tied to edible hosts.
Moreover, this heedlessly passes pathogens to other foods. So the entire kitchen becomes tainted.
And this is typical of a:
E. coli. – E. coli is a type of bacteria.
By far, the most reported sicknesses from this pathogen is undercooked ground beef. (See source).
The list is long. There are many ways you can get sick.
The Centers for Disease Control and Prevention (“CDC”) oversees food safety. It estimates at least 76 million food poisonings happen every year in the U.S. (Read here).
But they only monitor reported cases. Many situations go unreported. By and many large victims get back on their feet and mention nothing.
News stories regularly mention cases of:
Cases of poisoned spinach, melons, and nuts have caused death.
But a skilled attorney is usually required. Otherwise, you won’t be able to identify the sources of your sickness.
When food poisoning affects one person, it is called a:
If it affects many, it is due to a group eating the same food.
And most single instances of food poisoning happen in a restaurant. Such places like a deli or school cafeterias are known for that.
Many potential avenues of ingestion exist. Ehline Law has a background in these matters. And we can help you win your food poisoning lawsuit. Our client ratings and peer review reports verify this truth. Take a look at AVVO, Justia, and Circle of Legal Trust. They are stellar.
The various symptoms of food illness are as follows:
Food poisoning gets confused with a cold or flu by moms, dads, and doctors. And it could be due to the fact many of the same symptoms are present. Both disorders have similar symptoms.
Because of this, many victims will have no clue they are sick from bad food.
The doctor needs to identify the cause of the sickness. The goal is to prevent a misdiagnosis. Just because the symptoms can overlap, it doesn’t mean the cure is the same.
For example, antibiotics won’t work against viruses. And anti-viral meds won’t work against bacterial infections.
These are some symptoms of a potentially life-threatening food poisoning event:
The last Listeria Cantaloupe outbreak reached a level of 84 people ill. And at least 15 deaths took place. The last thing you want is a doctor treating you for the wrong illness.
And you don’t want this as your health spirals downwards. Disease-causing microbes are too small for the human eye. Even a food preparer using the most modern methods can’t spot it. So the most sanitary food preparation cannot be failsafe.
As discussed, many ways exist for food to get infected. But certain animal products can sully easier.
These include:
What do these above items have in common? They are farm products.
But other products like:
Mix these foods into “dishes” or stews, for example, and increase the risks.
Science shows that cooking time and temperature destroy microbes. But food handling and preparation is ultra important. And the great cooks and chefs know that heat is their friend.
Yes, it does. The heat helps sterilize eating and cooking utensils. Presumably steaming in a dishwasher will disinfect all the table wear.
True. Be careful if rinsing and cleaning produce.
These items include:
Leafy veggies, such as spinach, and kale, cannot be 100% sterilized by washing. And this is why so many people go organic or refuse to eat raw. Again. Heat is your friend.
Keep your poultry, fish, and other foods covered. And no matter what, keep them away from the kitchen sink. You rinse food items here.
The last thing you want is to splash poisoned water onto foods or surfaces. Let alone do you want to get it in your eyes. After all, you could get infected yourself.
Tip: Look for the Health Rating Signs Where you Eat!
If you can afford to “eat out,” look for the State or County Health Dept. placard. It may be a sign in the display window. Or it will be inside the diner.
First, ensure they have an A rating health inspection result.
Take the popular corner Mexican restaurant, for example. Even if you go by reputation, make sure they use precautions. Make sure they keep you safe in their day-to-day operations.
And if you or a loved one has become ill from Listeria, get help. Some people can die from listeriosis bacteria. But it could be some other disease.
When hospitalization or medical attention is required in an emergency room due to food poisoning, you may wish to pursue legal remedy as well as set a precedent with the establishment that caused this so as to prevent others from becoming ill. Here is some information on a landmark food poisoning case. A Texas jury awarded the Castellano family a total of $1,100,000.00. In that case, the Texas Department of State Health Services identified food produced by SanGar Fresh Cut Produce as the source of listeriosis infections diagnoses in at least ten Texas residents over an 8-month period.
I bring up this case because the defendant had a documented history of infecting others via food poisoning. When there are instances of multiple people becoming seriously ill as a result of food handling and food care negligence on behalf of the defendant(s), as well as a documented history of events on record by health professionals and food care oversight organizations, your likelihood of succeeding in a food poisoning personal injury lawsuit increases substantially.
It’s not to say that your one-off event is not of importance or that it would not carry weight, especially and again, if a serious illness resulted from the poisoning. Still, when multiple people have fallen ill repeatedly over time, this is when the courts are most likely to rule in favor of the plaintiffs.
In rare cases, victims like you could even die– especially the very young or old. Ehline Law Firm has handled cases like this before, challenging reckless parties and defending victims.
We have studied California and federal regulations to see how to prevent future illnesses. Meanwhile, we need to be holding the offending party responsible. We see similar causes of common food poisoning.
Common bacteria causing these infections are:
Of special interest: Cruise ships seem to get hit often with listeria, califcivirus, Clostridium botulinum, and others.
We investigate the causes of the germs infecting the food. Also, this could include issues at the farm, in distribution, or preparation. In any event, we can help narrow down the exact cause and the culprit.
By finding the contaminant and point of error, we can determine if others became exposed.
Also, we research if the individual:
Then it makes stopping the errors or challenging them much easier.
So we discussed the various injuries from food poisoning. We also discussed methods of prevention. Last, we covered getting paid if harmed by food poisoning. Ehline Law Firm can provide the legal help you need to get justice. We hold the negligent parties responsible.
So contact the food poisoning attorneys at Ehline Law Firm. Reach them at (213) 596-9642.
Michael Ehline
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.