Understanding Food Poisoning and Food Allergy Cases

Two things that happened this week give rise to this post about food poisoning and food allergy cases.

  1. The class action lawsuit filed against Taco Bell alleging that their “ground beef” is actually only 35% beef and 65% filler (there is no allegation that they have recently poisoned anyone, I just find the headline revolting!);
  2. I had an inquiry this week from a person who was injured after eating a food they were allergic to in a buffet.

Food safety is a major issue these days. Pressure to reduce prices has resulted in increased cases of food recalls, foodborne illnesses, and an overall reduction in quality. The Center for Disease Control estimates as many as 76 Million cases of foodborne illness occur in the US each year!!! Many of these cases are mild, but 300,000 or more are hospitalized and 5,000 people die each year as a result of food poisoning.

Food poisoning occurs when food contaminated with bacteria such as Salmonella, E. Coli, or Listeria, among others, is ingested. Symptoms can include nausea, abdominal pain, headache, vomiting, dehydration, fever, etc. As previously indicated, the most serious cases can result in prolonged hospital stays or even death.

What is the difference with food allergy claims?

Food allergy lawsuits do occur, but it is not as simple as being sickened by a food product. Even a harmless, bacteria-free, peanut can be deadly to someone with a nut allergy. Planters would not be liable for the damages caused to a person with a nut allergy unless the peanuts contained some form of bacteria.

However, if you are dining in a restaurant and inform your waiter or cook of a food allergy, and they serve you that item without your knowledge causing sickness, then you have grounds for a claim.

As with any personal injury claim, if you are injured due to food poisoning you are entitled to have your medical bills and lost wages paid as well as pain and suffering. Contact my office for a free consultation.