When a food-borne illness is the result of unhygienic restaurant conditions, poor packaging, manufacturing contamination, or inadequate supervision of staff hygiene, the results can be devastating. If you or someone close to you has suffered poisoning due to someone else’s negligence, we can help. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys can vigorously advocate for your rights.
According to the Centers for Disease Control, there are almost 76 million illnesses and 5,000 deaths in America each year due to food poisoning. Unfortunately, most cases of food poisoning cannot be cured by antibacterial or other medication. Instead, people often just have to wait it out. This can cause many days of missed school and work.
To pursue a food poisoning lawsuit, it is necessary to be able to identify the source of the food poisoning. If a restaurant’s carelessness was the cause of the food poisoning, you will likely be able to file a general negligence claim against that restaurant. Under Florida law, a business has a duty to exercise reasonable care. In the context of operating a restaurant, reasonable care refers to the duty of the restaurant to maintain a safe and hygienic environment and eliminate unreasonable dangers. For example, a restaurant with a dirty kitchen would not be exercising reasonable care.
To establish a negligence claim against a restaurant, the plaintiff must establish the following elements: i) the restaurant owed the plaintiff a duty to exercise reasonable care; ii) the restaurant breached this duty owed to the plaintiff; iii) the restaurant’s breach was the direct cause of the plaintiff’s food poisoning; and iv) damages resulted. Causation is often the most difficult element to prove in these cases, since the plaintiff must show that it was specifically the restaurant’s food rather than other food that caused the illness. We will work closely with a physician to identify the contaminated food.
In some cases, a plaintiff may be able to file a product liability claim against a restaurant or store if the food purchased was defective and unreasonably dangerous. In these cases, the plaintiff must show that the defective and dangerous food was the proximate cause of the sickness. There is no requirement to show that the restaurant or store failed to use reasonable care. Instead, a business can be liable under product liability law simply for selling the contaminated food.
Damages in food poisoning cases can include medical expenses, lost income and benefits, pain and suffering, and more. If you’ve lost a loved one due to food poisoning, you may be able to file a wrongful death claim against the at-fault business.
At the Law Offices of Robert Dixon, our seasoned Miami injury attorneys offer comprehensive and compassionate representation to all of our South Florida clients. We have handled virtually all types of personal injury claims and can put our knowledge to use in your case. We can meticulously analyze the facts of your case and pursue a fair amount of damages for your harm. For more information about your legal rights and options, call us at 1-877-499-HURT (4878) or contact us online today.
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