Los Angeles Food Poisoning Lawyer
Los Angeles Food Poisoning Attorney
Eating out at a restaurant or cafe is a nice treat. Not only do you get to avoid preparing your own meal, you also have the chance to relax and enjoy the company of loved ones. Many people have favorite restaurants that they frequent, while others like to try new places.
Unfortunately, food poisoning can ruin your experience. If you become sick after eating at a restaurant, you not only lose your taste for the food you had, but it can also instill a mistrust of the restaurant itself. Furthermore, you can experience serious symptoms from food poisoning that can result in hospitalization and long-term issues.
If you believe that you contracted food poisoning from a restaurant, bar, gas station, cafe, food manufacturer, or other food provider, you can take legal action to recover certain damages that have occurred. With the help of a food poisoning attorney, you can ensure that a case of food poisoning does not result in financial loss and hardship for you and your family.
Shaffer Law: Your Los Angeles Food Poisoning Lawyers
Food poisoning cases represent a relatively niche part of the legal system. Many attorneys do not have the experience or training to handle these cases. Fortunately, our team does. We have many years of direct experience in food poisoning cases and can help you navigate your claim. Our high level of expertise gives you a distinct advantage in the courtroom and helps to ensure that justice is served in your case.
We fight diligently to make sure that the people of Los Angeles are safe from unhygienic or dangerous food preparation methods. You can trust our team to keep your best interests at the forefront of your case and work tirelessly to build a strong case in your favor. We can provide you with comprehensive food poisoning legal services that other firms simply cannot match.
Shaffer Law is a top law firm in Los Angeles, and we specialize in food poisoning cases.
What Is a Food Poisoning Claim?
Food poisoning occurs when an individual or group of people eats food that has been contaminated by bacteria. There are many different types of food poisoning, including:
- Salmonella
- E. coli
- Listeria
- Botulism
- Campylobacter
- Enteric viruses
Although each of these types of food poisoning has a slightly different set of symptoms, people who have food poisoning usually experience:
- Vomiting
- Dehydration
- Diarrhea
- Fever
- Headache
- Cramping
- Excessive gas or flatulence
- Fatigue and weakness
In some situations, people contract food poisoning because they prepare their own food at unsafe temperatures, eat expired food, or otherwise engage in unsafe food preparation methods. In these situations, very little can be done legally to reimburse the individual for their suffering, as they were the cause of the food poisoning. However, if an individual or group contracts food poisoning after going out to eat at a restaurant or other establishment, they may be able to create a legal claim against the restaurant that gave them food poisoning.
Food poisoning cases are a type of product liability case. In these scenarios, the victim aims to hold the defendant accountable for providing a defective product that caused them harm. The defendant may be a restaurant or public food establishment that failed to prepare the food properly and safely, leading to the food poisoning. The defendant may be a food manufacturing company that failed to exercise reasonable care when producing and distributing their food products.
No matter your situation, your goal as the prosecution is to show that a level of negligence led to you contracting food poisoning.
Do I Need a Los Angeles Food Poisoning Attorney?
If you wish to take legal action for a case of food poisoning, it is important that you have an attorney by your side to help. These cases are complicated, and most non-attorneys lack the experience and training to properly fight these claims. If you decide to represent yourself in your food poisoning claim, you will likely lose.
It can be extremely difficult to make a connection between a certain food product and food poisoning. Most food poisoning takes a few hours or days to appear after the individual has eaten the contaminated food. As such, the defense will likely claim that you contracted your symptoms from something else that you ate and argue that they should not be held liable for your experience. To combat this and create a compelling argument for the court, you need the help of a trained and experienced attorney.
Finally, it is very difficult to fight your own case when you are not feeling your best. If you are experiencing food poisoning symptoms, you likely lack the energy to build a court case. It is best for your health and safety to hire an attorney who can handle the legal aspects of your case while you focus on regaining your health and strength.
Statute of Limitations
As with any legal claim, you have a limited amount of time to file your food poisoning claim. In California, the statute of limitations for a food poisoning case is two years, meaning that you have a significant amount of time after you contract food poisoning to create your case.
However, it is highly unlikely that you will win your case if you wait that long. The more time that transpires between the event and the court case, the more opportunity the defense will have to blame the situation on something else. Additionally, key evidence will likely be lost in the two years between your illness and your case. It is best to take legal action as soon as you realize that you have food poisoning and contracted it because of a company’s or restaurant’s negligence.
Potential Settlements in a Food Poisoning Case
It is important to note what you can and cannot get from a food poisoning case. Unfortunately, most food poisoning cases do not result in particularly significant settlements. However, if you win your case, you should be compensated for:
- Any medical bills associated with your case of food poisoning
- The time you were forced to spend out of work to recover
- Ongoing care, if necessary
- Pain and suffering, in some situations
One of the largest ever food poisoning settlements was $1 million, but this is a rare occurrence. However, support for medical bills and time off work can provide necessary financial support for those who have suffered due to unsafe practices in the food industry.
FAQs
Q: Can I Sue for Food Poisoning in California?
A: Yes. If you contract food poisoning from a food manufacturer or food service establishment, you can press charges in a civil claim. These cases fall under product liability, as the company provided you with a product that caused you harm. The settlement for your case will likely cover your medical bills, time spent off work, and some compensation for your pain and suffering. You have two years from the onset of your symptoms to file your claim.
Q: Can You Get Money Back After Experiencing Food Poisoning?
A: Yes. You can get money for your medical bills and time spent away from work because of your illness. However, you may be able to get your money back from the restaurant or food manufacturer as well. Although this is usually not a significant concern, if you spent a lot of money on your dinner, compensation for your initial cost may be warranted. Talk to your attorney to see what kind of settlement you may be able to earn.
Q: Is Food Poisoning Easy to Prove?
A: No, food poisoning is difficult to prove. Symptoms often do not begin for hours, days, or sometimes weeks after the individual has ingested contaminated food. This means that most people ingest other food and drink between the time that they ate the contaminated food and the time they develop symptoms. Therefore, it is difficult to draw a definitive line between certain foods or restaurants and the food poisoning incident. You need a qualified attorney if you wish to navigate a claim.
Q: What Type of Claim Is Food Poisoning?
A: Food poisoning is a product liability case, which falls under the jurisdiction of civil law. In these cases, you must prove that a company (in this case, the restaurant or food manufacturer) acted negligently and provided a defective product (food), which caused you harm (sickness). In civil cases, you are the prosecution, while the restaurant or food manufacturer is the defense. You are permitted to drop the charges at any time in a civil case.
Contact Shaffer Law
For many years, our team has been helping individuals financially recover from food poisoning. You should not stand idly by while restaurants and food manufacturers get away with making customers sick. If you have suffered from food poisoning that was not your fault, you deserve compensation for your suffering, financial support for your medical bills, and income compensation. Our team at Shaffer Law is here to help you achieve all of the above goals efficiently and effectively.
For more information about our firm, or to schedule a consultation, contact Shaffer Law online.
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