Proving a Food Poisoning Case
Food poisoning is one of the least pleasant experiences you can have. Severe cases can leave you nauseous, dehydrated, and in pain for days or even weeks. Some people ultimately need to be hospitalized in order to treat food poisoning. People who are immunocompromised, elderly, chronically ill, and children are the most likely to experience severe illness after getting food poisoning. You may know exactly which food from which restaurant got you sick but proving it to a jury may be another story. Fortunately, there are several strategies available to attorneys who handle food poisoning cases under a products liability theory that can help you prove your case. If you suffered food poisoning after dining out, it is important to contact an attorney first, before you reach out to the establishment. Being represented right off the bat can make an enormous difference in these cases.
What Kinds of Proof Are Needed for a Food Poisoning Case?
The difficulty with food poisoning litigation is proving that a specific dining establishment caused your illness. Some types of proof are easier to come by than others, but an experienced attorney will know how to help you build the body of evidence you need. Types of evidence that may be used in food poisoning cases include:
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Multiple people sick - If you are the only one who became ill after eating out, it can be challenging to prove that it was the restaurant’s food rather than something else you ate. One step your lawyer is likely to take involves looking for other people who also became ill after eating the same food or dish you had. This is why many food poisoning cases become class-action lawsuits–if a restaurant served contaminated food, it likely sickened more than one person.
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Lab tests - Your lawyer will probably instruct you to seek medical attention. The medical professionals who treat you can often order lab tests in order to identify the specific pathogen that made you sick. If that same pathogen can then be found in the dining establishment’s kitchen or on the type of food you ate, this can provide very strong evidence.
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Symptoms and timeline - If lab testing could not be completed while you were sick–for example, if you initially mistook food poisoning for the stomach flu and stayed home–then a timeline and description of your symptoms can help show which foodborne pathogen you were likely sickened by. This type of evidence can be rather graphic, but it may be necessary.
An attorney can help you work out what types of evidence will best help prove your case.
Call a Michigan Food Poisoning Attorney
If you became ill due to food poisoning in a dining establishment, John D. Tallman, PLC, Attorney at Law may be able to help you recover financial compensation. Our experienced Grand Rapids food poisoning lawyers are skilled at gathering the evidence necessary to prove these tricky cases. Call 616-361-8850 to start with a free consultation.
Source:
https://www.mymed.com/diseases-conditions/food-poisoning-foodborne-illness/how-is-food-poisoning-diagnosed
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