In American society, there is too often a sense that if someone is suffering due to a foodborne illness, they are simply grappling with a turn of bad luck. In reality, food poisoning usually occurs because of negligent practices by individuals or companies. As a result, many cases of food poisoning are legally actionable. Inadequate hygiene, poor safety practices, and a host of other preventable challenges are what generally lead to food poisoning on farms, in manufacturing facilities, packaging centers, stores, restaurants, and events where food is served.
There are two challenges that generally make filing a food poisoning matter in civil court particularly tricky. First, a plaintiff must be able to prove that their food poisoning resulted in financial loss, such as medical bills from a hospital stay and lost income due to time off taken to recover. Second, it can be difficult to prove exactly how and why a food poisoning victim became ill.
Retracing One’s Steps
For a food poisoning case to be actionable, a victim must be able to prove that they were suffering from food poisoning, not an alternative medical condition. As a result – and so that they can be treated effectively – it is important for those who have been made ill to seek medical attention and to obtain a formal diagnosis.
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