Articles Tagged with food poisoning

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Food poisoning is probably one of the most unpleasant illnesses one can have. Some may be only laid up for a few days feeling miserable, but then otherwise return to normal. In other cases, though, one may suffer serious consequences – up to and including death. This is especially true for young children, the elderly and those whose immunity is compromised.food poisoning attorney

When food poisoning is caused by the negligence of another person or entity (restaurant, grocery store, delivery truck company, food truck operator, nursing home, hospital, hotel, cruise ship, etc.), plaintiff may pursue a claim for damages. These cases can be challenging for the fact they are usually based largely on circumstantial evidence. That’s because the type of bacteria that typically causes food poisoning – salmonella, norovirus, Listeria and E. coli – can be be found on a range of different foods in a range of scenarios. There is often no way to know 100 percent for certain that an illness was caused by the food alleged.

Our Orlando food poisoning attorneys however can help build a case by producing evidence to meet the burden of proof, which in these cases is a “preponderance of the evidence.” In short, this means showing it was more likely than not that a particular fact or event occurred as alleged. That’s a lower standard than what we use in criminal cases, which is “beyond a reasonable doubt.” So if a juror thinks there is a 51 percent chance events occurred as you alleged, you have met your proof burden. Continue reading →

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Amid reports that hundreds of people have been sickened in 10 states connected to two second cyclospora outbreaks (one of those resulting from eating McDonald’s salads), it’s important to point out that food poisoning illnesses can result in liability of these restaurants and grocery store chains.food poisoning injury

Recently one such case, Stachulski v. Apple New England, LLC, resulted with the New Hampshire Supreme Court, which affirmed a damage award of $750,000 in favor of a plaintiff who fell ill with salmonella after consuming a hamburger at defendant restaurant. Although ultimately ending in a favorable outcome to plaintiff, it highlights some of the challenges plaintiffs in food poisoning lawsuits may face.

According to court records, 29-year-old plaintiff, an HVAC technician, based his claim on a theory of strict products liability, explaining in his complaint he had dined at the restaurant with his wife and brother-in-law in February 2014, at which time he consumed a hamburger, which he alleged to be the source of his illness. He ordered the burger medium rare, and that was the start of the nightmare. (His brother-in-law too became ill, but recovered after a few days.) Plaintiff was hospitalized for a full week in intensive care when he first became sick. Even after he was released, he was unable to work for a full year due to uncontrollable bowel movements. He was embarrassingly on the toilet dozens of times daily, suffering kidney failure, shutdown of his liver and septic infection in his blood. Continue reading →

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