Food poisoning cases are some of the most difficult cases in the state of Florida. While manufacturers, producers of food and restaurants are strictly liable for any defective products placed into the stream of commerce, it is not an easy thing to prove. Strict liability means that the plaintiff does not have to prove that the defendant breached any duty that it owed to the plaintiff. By virtue of the causation of an injury, the defendant is automatically liable to the plaintiff for those injuries. For example, if a plaintiff consumes a product that causes a food borne illness, the producer of that product may be held liable regardless of whether they violated any regulation of the Food and Drug Administration or state health department.
The Center for Disease Control and Prevention (CDC) estimates that each year, in the U.S. alone, approximately 48 million food poisoning cases occur, although most go unreported. This is why it is of the utmost importance to report your food borne illness to the producer of that food, whether it be a restaurant, grocery store, or large scale manufacturer. It is also extremely important to seek medical attention as soon as possible. Many times these food poisoning cases may start out as a mild upset stomach and gradually progress into serious, even life threatening conditions.
You may also have an actionable food poisoning case from an allergic reaction. Many times, people advise a restaurant of their food allergies, such as gluten, peanuts or dairy. It often happens that although the restaurant may be aware of your allergy, they negligently serve you products containing your allergens. This too would fall under strict liability. There is no excuse or exculpatory reason that would relieve their liability. They are strictly liability for your injuries, medical expenses, lost wages, and any other damages you may suffer.
At Reifkind, Thompson & Rudzinski, LLP, we provide free consultations and case reviews for food poisoning and other food borne illness type cases. Contact me for your free consultation today. ([email protected])
The Center for Disease Control and Prevention (CDC) estimates that each year, in the U.S. alone, approximately 48 million food poisoning cases occur, although most go unreported. This is why it is of the utmost importance to report your food borne illness to the producer of that food, whether it be a restaurant, grocery store, or large scale manufacturer. It is also extremely important to seek medical attention as soon as possible. Many times these food poisoning cases may start out as a mild upset stomach and gradually progress into serious, even life threatening conditions.
You may also have an actionable food poisoning case from an allergic reaction. Many times, people advise a restaurant of their food allergies, such as gluten, peanuts or dairy. It often happens that although the restaurant may be aware of your allergy, they negligently serve you products containing your allergens. This too would fall under strict liability. There is no excuse or exculpatory reason that would relieve their liability. They are strictly liability for your injuries, medical expenses, lost wages, and any other damages you may suffer.
At Reifkind, Thompson & Rudzinski, LLP, we provide free consultations and case reviews for food poisoning and other food borne illness type cases. Contact me for your free consultation today. ([email protected])
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