Product Liability Lawsuits in San Antonio
Have you suffered from severe food poisoning or illness you believe stemmed from contaminated food? You may be entitled to compensation for your pain and suffering.
The Falcon Law Group is here to help. Our experienced San Antonio food poisoning lawyers can investigate your case, determine the source of the contamination, and fight to recover the damages you deserve.
Food Poisoning vs. Food Contamination Claims
You have likely heard these terms used often and interchangeably, but what do they actually mean? Food poisoning is a general illness caused by consuming contaminated food or beverages. When you think of someone getting sick because their food was not prepared properly, this is typically food poisoning.
You might see symptoms like nausea, vomiting, diarrhea, and stomach cramps in such cases. If any of these symptoms persist or become extreme, it is crucial to seek medical attention immediately.
Food contamination, on the other hand, refers to the presence of harmful bacteria, parasites, viruses, or toxins in food. This contamination can occur at any point in the food processing chain, from farm to table and may cause any number of food-borne illnesses.
Can You Sue for Food Poisoning?
Suing for food poisoning can be challenging. The primary evidence–the contaminated food–is typically consumed or disposed of before the illness becomes apparent. However, a lawsuit may be possible if:
- You have documented proof of your illness from a doctor
- You can link your illness to a specific meal or restaurant
- Other diners became ill after consuming the same food
What Kinds of Bacteria Can Cause Food Poisoning?
Many types of bacteria can cause food poisoning. Here are some common culprits:
- Norovirus: Commonly known as the "stomach flu," this highly contagious virus can spread through contaminated food and water
- Salmonella: Found in undercooked meat and eggs, as well as unpasteurized milk and cheese, salmonella can cause severe illness
- Clostridium Perfringens: This bacteria thrives in large food preparations like buffets and cafeterias, often contaminating warm meat, poultry, and gravy
- Campylobacter: The most common bacterial cause of food poisoning, campylobacter comes from undercooked poultry, unpasteurized milk, and sometimes contaminated water
How To Sue for Food Contamination
If you believe you've been a victim of foodborne illness and your goal is to sue the party responsible, keeping your case well documented and organized is crucial.
If possible, you should keep a sample of the suspected food. This can be crucial evidence for testing down the road. You should also seek medical attention as soon as possible. A doctor's diagnosis can confirm your illness and link it to potential food contamination.
Who Can Be Held Liable for Food Contamination?
Whether your food was contaminated during storage, prep, or cooking, you may have an avenue for a legal case. Depending on the circumstances, there are several parties in the food supply chain who could be held liable, including:
- Restaurants that prepare and serve contaminated food
- Food manufacturers or distributors responsible for contaminated ingredients
- Grocery stores that sell spoiled or improperly stored food
Possible Damages You Can Sue For
A successful food poisoning lawsuit can help you recover compensation for the various ways this illness has impacted your life. Being sick affects more than just your body, after all. Here's a breakdown of some key damages you may be eligible for:
- Medical expenses
- Lost wages
- Pain and suffering
Class Action Lawsuits
If you have been a victim of food poisoning caused by a widespread contamination event, you may be eligible to join a class-action lawsuit. This legal strategy allows multiple plaintiffs who suffered similar harm from the same source to combine their claims into a single lawsuit against the responsible party.
Imagine dozens or even hundreds of people becoming sick after eating at the same restaurant or consuming a particular brand of product. A class-action lawsuit allows you all to join forces, presenting a stronger case and sharing the legal burden.
Along with sharing the legal burden, you also share the costs of the case with the others involved. Food poisoning lawsuits can involve investigating the source of contamination, gathering evidence, and potentially going to court. These legal processes can be expensive. In a class action, the costs associated with legal representation, expert witnesses, and other litigation expenses are shared amongst all plaintiffs, making the process more accessible for everyone.
How An Attorney Can Help
Are you ready to take the next steps in your legal suite but aren’t sure if you need an attorney or not? Leading any kind of legal case without proper representation is always a gamble, but food poisoning cases are especially difficult because of the burden of proof and complex food handling and storage regulations.
Don’t go into this fight alone. A San Antonio food poisoning lawyer from the Falcon Law Group can:
- Investigate your case to identify the source of contamination
- Gather evidence to build a strong case
- Handle all communication with the liable party and their insurance company
- Negotiate a fair settlement on your behalf, or represent you in court if necessary
Don't suffer in silence. You deserve the best representation possible. Contact the Falcon Law Group today for a free consultation. We will review your case and advise you on your legal options. Let us fight for the compensation you deserve.
