Food Poisoning Lawyer serving the Hudson Valley, Long Island and New York Metro
Foodborne illness is more common than most people think. Every year, about 3,000 people in the United States die from some type of foodborne illness. According to the Centers for Disease Control (CDC), 48 million people suffer from foodborne illness every year, and of those cases, 128,000 require hospitalization. If you or a loved one has suffered from food poisoning, call the experienced injury lawyers at Ingber & Provost. We have over 40 years of combined experience and will aggressively litigate your case.
Some Common Types of Foodborne Illnesses
- Botulism is caused by a deadly bacterium called clostridium botulinum. The bacteria usually develops in canned goods. You should throw away old or dented cans of food to prevent catching this illness.
- Salmonella can be found in meat products—and sometimes even on vegetables. Every year, roughly 380 people die from salmonella.
Hepatitis A is an infection of the liver that can result from contact with an infected person. The virus can also be found on food that comes into contact with an infected person.
- E. coli is a bacteria that is found in water and food. What is dangerous about E. coli is that a person with the infection can pass it on if there are traces of the bacteria on the person’s hands. The bacteria can usually be found on sprouts or undercooked beef.
- Listeriosis is caused by the bacteria listeria. The bacteria is usually found in water and sometimes soil. The soil can sometimes be stuck in hard to reach places of vegetables.
- Shigellosis is a disease caused by the bacterium shigella. Foods that come into contact with animal or human waste can transmit shigella.
There is a long window of time in which symptoms of a foodborne illness will appear. It can range from just a few minutes to a few weeks due to the variety of the diseases out there. Symptoms include vomiting, severe diarrhea, exhaustion, abdominal pain, headache and fever. The effects of a foodborne illness are much more serious if you are currently suffering from a serious condition, such as cancer, AIDS, or even diabetes.
What You Need to Prove
Generally, to succeed in a food poisoning case, you would need to prove that the food you ate was contaminated and that you got sick from eating it. In proving that the food you ate was contaminated, if there was a time delay between the time you ate the food and the time you fell ill, it would be harder to prove that the food was contaminated. With regard to proving that the food made you sick, it would be best to have a stool sample that shows that the same microbes exist in the stool that also existed in the contaminated food. Leftover food is also good evidence.
Who Can Be Held Liable?
Generally, in a food poisoning case, anyone in the chain of distribution can be held liable. It could be from the slaughterhouse where the meat came from to the restaurant that served you, or any party that handled the food in between. The most important thing to prove is that the defendant was at fault; their fault is what caused you to catch the illness; and your injuries are a result of the poisoning.
What Can I Recover?
In a food poisoning case, a plaintiff can recover for medical expenses (present and future), lost wages, pain and suffering, and more. If the victim died as a result of the food poisoning, a surviving family member can bring a wrongful death suit and obtain lost financial support and services, medical expenses, funeral expenses, and more.
Call Us Today
If you or a loved one recently experienced food poisoning, call the personal injury attorneys at Ingber & Provost. In food poisoning cases, because the evidence is fleeting, time is of the essence. The longer you wait, the harder it may be to prove liability. Our lawyers have over 40 years of combined experience and can help you evaluate your case. Call us at 845-733-2720 for a free consultation.