Maryland and Washington, D.C. Food Poisoning Lawyers
Anyone who has had food poisoning understands that it is an unpleasant condition to have. Frustrations are further compounded when it was a restaurant or catered event responsible for serving contaminated food. If you have found yourself in this situation, you might even be wondering if you should file a lawsuit against the at-fault food service provider.
Food poisoning cases are hard to prove. For starters, the onset of symptoms can take a full day before they appear. Since people eat meals from multiple food sources, it can difficult to pinpoint the food that caused one’s food poisoning. However, it is not impossible to make an identification.
If you are considering whether to hire a food poisoning lawyer in Maryland or Washington, the legal team at Henderson Law is here to assist you. Schedule a free initial consultation by calling our office at (410) 721-1979 or by sending us a request here.
The Legal Underpinnings of a Food Poisoning Lawsuit
Behind every food poisoning lawsuit, attorneys use legal theories to assert your claims against the other party. Most food poisoning claims are essentially asserted under a defective product theory. There are other claims that bring merit to your case in court.
Product liability of food poisoning cases occurs when the supplier or manufacturer sold contaminated products and caused injury to a consumer. Your lawsuit will require you to gather evidence proving that the food was contaminated. You will also have to prove that it was the source of your illness.
Negligence is another reasonable cause to specify in a food poisoning injury lawsuit. Depending upon your situation, you can argue that the other party was negligent by providing contaminated products that did not meet certain legal or industry standards. Negligence can occur at any point of the supply chain, which can make it an arduous task to investigate.
Breaches of Warranty
The labels that are placed on your food package are not just informational, but they are also a form of ‘guarantee’ by the manufacturer. For example, the date of expiration on your milk means it is safe to drink under storage guidelines for that time period. If you get sick before then, you may have a breach of warranty claim against someone in the food service supply chain.
Proving Your Food Poisoning Claims
As previously stated, proving your food poisoning claim can be a challenge since food is distributed in a large supply chain. However, there are three elements you and your food poisoning attorney, if you hire one, must prove in your claims.
- Source of Contaminated Food: Pinpointing the source of contaminated food is the first step to take when filing a food poisoning lawsuit. In some situations, it is quite obvious as to when the food was ingested. However, if you ate many small meals that all seemed safe during the day, it can be impossible to tell which caused your illness.
- Proving Contamination: After settling on the contaminated source, you have to prove that it was unsafe for human consumption. In large outbreaks, health agencies tend to get involved with large-scale testing operations. In general, this element is difficult to prove when you are no longer in possession of the food item and were the only one with symptoms.
- Contamination Caused Illness and Financial Losses: Seeking immediate medical attention is the crux of proving that your illness was caused by contamination. Clinical and lab tests can be keys in meeting one’s burden of proof in a food poisoning lawsuit. If disease-causing bacteria were found, then your claim against the defendant is stronger.
Who is Legally At-Fault for Food Poisoning in Maryland or Washington, D.C.?
The prospect exists that your lawsuit will need to be brought against every company, farmer, and manufacturer known to handle the food you consumed. The reason this happens is that it can be difficult to establish the point at which a contamination took place. And, moreover, one can anticipate that the various companies in the supply chain will deny liability, even if they are ultimately proven to be at fault.
Sometimes, the evidence against one party may be sufficient such that a settlement may be reached. However, if your food poisoning case goes to civil trial, your fate is in the hands of a judge or jury. It is important, therefore, that you work with a licensed attorney in the area that has or can obtain a firm grasp of food poisoning injury laws to counsel and advocate on your behalf.
Hiring a Maryland or Washington, D.C. Food Poisoning Lawyer
You are not expected to fight food poisoning injuries alone. At Henderson Law, our Maryland and Washington, D.C. lawyers are ready to help you move your case forward. We are here to meet you during a free consultation to discuss the prospect of representation. Schedule one today by calling (410) 721-1979 or by sending us a message here.
Henderson Law is accepting new cases in the District of Columbia and Maryland. Henderson Law is willing to take new clients across the State of Maryland, including, but not limited to, new cases arising in the following cities: Annapolis, Crofton, Bowie, Upper Marlboro, Crownsville, Davidsonville, Edgewater, Millersville, Odenton, Severna Park, and Pasadena. Please call Henderson Law for an initial consultation.