Food Poisoning: Causes, Legal Rights, and How Morgan & Morgan Can Help

Food poisoning is a serious public health issue that affects millions of people in the United States every year. 

While some cases result in mild discomfort, others can lead to severe health complications, long-term medical issues, and even death. To make matters worse, most instances of food poisoning could have been avoided and are a direct result of mere negligence, from lax health and safety measures to improperly stored perishable food.

If you or a loved one has suffered from food poisoning due to negligence, you may be entitled to compensation. The good news is Morgan & Morgan, the nation's largest injury law firm, is here to help. Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is Food Poisoning?

Food poisoning, also known as foodborne illness, occurs when individuals consume contaminated food or beverages. Contaminants can include bacteria, viruses, parasites, or chemical substances that cause illness. Symptoms can range from mild gastrointestinal discomfort to severe dehydration and organ failure.

What to Do if You Get Food Poisoning

If you suspect that you have food poisoning, follow these steps to protect your health and potential legal case:

1. Seek Medical Attention

If symptoms are severe (persistent vomiting, high fever, dehydration, or bloody diarrhea), visit a doctor or hospital immediately. Keep all medical records, prescriptions, and diagnoses as evidence.

2. Preserve Evidence

Save any remaining food and its packaging in a sealed container in your freezer. Keep your receipt or proof of purchase from the restaurant or store.

3. Report the Incident

Notify the restaurant, grocery store, or food supplier about the contamination. Contact your local health department to report the foodborne illness.

4. Document Everything

Write down your symptoms and when they started. Keep records of medical visits, prescriptions, and any missed work due to illness, and take photos of the food if possible.

5. Contact a Food Poisoning Lawyer at Morgan & Morgan

If your illness was caused by negligence (contaminated food, improper handling, unsanitary conditions), you may have legal grounds for compensation. Morgan & Morgan can help investigate your case and hold responsible parties accountable.

Common Causes of Food Poisoning

Food poisoning can be caused by a variety of pathogens and toxins. Some of the most common causes include:

Bacterial Infections

• Salmonella: Commonly found in raw poultry, eggs, and unpasteurized dairy products.
• E. coli: Often present in undercooked ground beef, contaminated produce, and unpasteurized milk.
• Listeria: Found in deli meats, soft cheeses, and unpasteurized dairy products.
• Clostridium botulinum: Causes botulism, a rare but serious illness linked to improperly canned foods.
• Shigella: Spread through contaminated food and water, causing severe diarrhea and fever.

Viral Infections

• Norovirus: Frequently associated with contaminated water, raw shellfish, and improperly handled food.
• Hepatitis A: Can be transmitted through contaminated food and poor hygiene practices.

Parasitic Infections

• Toxoplasma gondii: Found in undercooked meat and contaminated water.
• Cyclospora: Associated with imported fruits and vegetables.
• Cryptosporidium: A waterborne parasite that can contaminate food and cause severe gastrointestinal illness.

Toxins and Chemicals

• Mushroom toxins: Some wild mushrooms contain life-threatening poisons.
• Pesticides: Chemical residues on fruits and vegetables can cause illness.
• Heavy metals: Contaminants like lead and mercury in seafood can lead to poisoning.
• Scombroid Fish Poisoning: Caused by improper storage of certain fish (tuna, mackerel, mahi-mahi), leading to histamine buildup and allergic-like reactions.

Symptoms of Food Poisoning

The symptoms of food poisoning vary depending on the type of contaminant, but common signs include:

• Nausea and vomiting
• Diarrhea (sometimes bloody)
• Abdominal cramps
• Fever and chills
• Muscle aches
• Dehydration
• Neurological symptoms (in severe cases of botulism or heavy metal poisoning)

Most cases of food poisoning resolve within a few days, but severe cases may require hospitalization and long-term medical care.

High-Risk Groups for Food Poisoning

Certain individuals are more susceptible to severe complications from food poisoning, including:

• Young children
• Pregnant women
• Elderly individuals
• People with weakened immune systems (cancer patients, those with chronic illnesses, or individuals undergoing immunosuppressive therapy)

Legal Liability in Food Poisoning Cases

If you have suffered from food poisoning due to someone else’s negligence, you may have legal grounds to file a claim. The following parties can be held liable:

Restaurants and Food Establishments

• Failure to properly store, cook, or handle food
• Poor hygiene among employees
• Serving expired or contaminated food

Food Manufacturers and Processors

• Contaminated food products entering the market
• Poor quality control and unsanitary conditions

Grocery Stores and Retailers

• Selling expired or contaminated products
• Improper storage and handling of perishable items

Food Delivery Services

• Improper food handling and storage during transit
• Failure to maintain proper food safety protocols

Compensation for Food Poisoning Cases

If you have suffered from food poisoning due to negligence, you may be entitled to compensation for the damages you have incurred. The types of compensation you can recover in a food poisoning case include:

Medical Expenses

• Emergency room visits
• Hospitalization
• Medications (including IV fluids, antibiotics, and pain relief)
• Doctor consultations
• Long-term care for severe complications

Lost Wages

• Compensation for time missed from work due to illness
• Loss of future earnings if the illness leads to long-term health issues

Pain and Suffering

• Compensation for physical pain, nausea, vomiting, diarrhea, and other distressing symptoms
• Emotional distress from the trauma of severe food poisoning

Wrongful Death Damages

• Funeral and burial expenses if food poisoning results in a fatality
• Loss of financial support for dependents of the deceased

Punitive Damages

In cases of gross negligence (such as knowingly selling contaminated food), additional damages may be awarded to punish the responsible party and deter future misconduct.

How Morgan & Morgan Can Help

Morgan & Morgan has a proven track record of holding negligent food establishments and manufacturers accountable. Our team of experienced attorneys can assist you by:

• Investigating the source of contamination
• Gathering medical and scientific evidence
• Filing claims against responsible parties
• Negotiating settlements or taking cases to trial

Food poisoning can have devastating consequences, but victims have legal options. If you or a loved one has suffered due to contaminated food, Morgan & Morgan is here to help. With a team of skilled attorneys and a commitment to fighting For the People, we can help you pursue justice and secure the compensation you deserve.

Contact Morgan & Morgan today for a free case evaluation to learn more.