Baltimore Food Poisoning Lawyer

Centers for Disease Control and Prevention (CDC) estimate that 48 million people get sick, 128,000 become hospitalized, and 3,000 people die from food-borne diseases each year in the United States. Although rare, food poisoning may affect the nervous system, leading to a severe illness. It may also trigger other complications, such as blood clots in the kidney, meningitis, or irritable bowel syndrome, a lifelong condition of the intestines.

If you become ill from contaminated food, you have the right to seek compensation from the liable party. A trusted food poisoning attorney from Bob Katz Law in Baltimore, MD, can advise you on your rights and how to pursue compensation.

Consult With an Experienced Food Poisoning Lawyer

If you’ve suffered losses from food poisoning, you might have the right to seek compensation for your damages. Handling a food poisoning claim may prove incredibly difficult. Working with a food poisoning attorney enhances your chances of a positive outcome. Here’s the role an attorney can play in your claim.

Compile Evidence

While you may be entitled to compensation, you must demonstrate fault on the defendant’s part. First, an attorney must identify a potentially culpable party, including a restaurant, grocery store, or manufacturer. An attorney may rely on medical records like urine, stool, or blood samples to prove the food-borne illness. They may also request written statements or medical records from people who suffered food poisoning at the same establishment.

In addition, a lawyer may contact the local health department for records of recent outbreaks or food safety issues associated with the restaurant.

Defend Your Rights

Many food poisoning claims involve restaurants or manufacturers with access to highly experienced and knowledgeable attorneys. A victim of food poisoning may be intimidated into accepting low-settlement offers that barely cover their losses. A food poisoning attorney will protect your interests during negotiations. They can also prove the extent of your losses and negotiate for a better offer that matches your losses.

Determining the Value of Your Losses    

Your ability to recover from food poisoning depends on the settlement value associated with your claim. An experienced attorney has dealt with numerous food poisoning cases, which gives him an understanding of the applicable damages and losses. An experienced lawyer will ensure you obtain compensation for various losses, including medical expenses, lost income, and emotional anguish. 

Representing You in Court

If you can’t agree with the at-fault party’s insurer, your attorney can pursue justice in court. While court cases are time-consuming and expensive, it might be the best option to enforce your rights. An attorney will compile the required documentation and argue your case before a judge or jury.

Proving a Food Poisoning Case in Baltimore, MD

Defective Food Products 

You can prove liability in a food poisoning case based on strict liability, which primarily applies to manufacturers. Manufacturers must uphold safety standards and produce food items that are fit for human use. The input of an attorney is vital in proving the following elements of negligence:

• The Product is Defective: An injured victim must prove the product was unreasonably dangerous. In addition, the defective food product shouldn’t be apparent to an average buyer. If the manufacturer doesn’t provide adequate warnings, they are liable for injuries consumers suffer after using the product.
• The Product Defect Caused the Food Poisoning: Apart from demonstrating that the food product was defective, you must prove it led to your injuries and losses. For instance, you can show the treatment plan for a food poisoning episode led to the loss of $10,000 in hospitalization and medication expenses.
• The Manufacturer Was Negligent: You must demonstrate that the manufacturer had a duty of care to sell a safe product. The manufacturer must also be aware of the product defect.

Negligent Food Handling

Food poisoning can occur due to contamination at any place it is handled. For instance, food poisoning occurs in nursing homes due to unsafe food handling. If victims of food poisoning do not receive immediate medical attention, they may suffer long-term health complications.

Common causes of food contamination include:

• Improper food storage
• Raw food coming into contact with ready-to-serve food on a cooking surface
• Improper handwashing
• Cleaning countertops with unsanitized towels

If you or a loved one has signs of food poisoning, an allergic reaction, or a food-related condition, an attorney can inspect a restaurant to establish food handling malpractices.

Breaches of Warranty of Merchantability 

Every sale between a merchant and consumer has an implied warranty of merchantability, which means the bought items are fit for their ordinary use. For instance, if you buy fruits from a grocery store, you expect them to be fit for human consumption. If you suffer food poisoning after eating contaminated fruits, the grocery store owner has breached the implied warranty of merchantability. 

The injured victim must demonstrate the following elements to launch a case under the above principle:

• The defendant is a merchant
• The product was sold or leased
• The injured victim used the product in a foreseeable way
• The product was defective
• The plaintiff became ill because of the product’s defective nature

How to File a Food Poisoning Lawsuit in Maryland

You can initiate a lawsuit after a food poisoning episode by initiating a claim against anyone responsible for serving or selling contaminated food. You must gather enough evidence to prove your claim and identify the at-fault party. An experienced food poisoning attorney can provide legal guidance in your quest for compensation.

Here are the key steps in a lawsuit:

• Consulting an attorney
• Investigating the incident
• Sending a demand letter to the defendant
• Settlement negotiations
• Discovery process
• Trial process
• Verdict

Contact Our Baltimore Food Poisoning Lawyers

Suppose you suffered food poisoning after eating a contaminated meal at a restaurant. In that case, you may incur medical expenses, miss work, and suffer a heightened risk to complications. You need representation from a skilled attorney who’ll protect your right to compensation. 

Bob Katz Law has a trusted team of attorneys with decades of experience that gives an edge to represent you. Contact us online or at 410-576-4287 for a free consultation.

Timothy J. Capurso

Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.

Contact Timothy J. Capruso