Food-Related Illnesses

Las Vegas Unsafe Food Lawyer

Helping Victims of Food-Related Illness Obtain Financial Recovery

Millions people fall victim to food poisoning each year. In fact, the U.S. Centers for Disease Control and Prevention (CDC) estimates that each year about 48 million people – or 1 in 6 Americans – get sick from foodborne illnesses, with another 128,000 requiring hospitalization and 3,000 people dying as a result of unsafe food. Food poisoning symptoms range from relatively mild discomfort to dehydration, vomiting, and diarrhea.

Depending on the circumstances of your food poisoning illness, you may have a legal claim for money damages. For more than 30 years, Las Vegas product liability lawyer Robert M. Apple has been representing the victims of accidents and injuries, including the victims of unsafe products, obtain full and fair compensation for their injuries. Contact his office at 702) 646-0085 to schedule a free, no-obligation consultation to learn more about a possible food product liability claim.

Liability for Food Poisoning

Those who fall ill to food poisoning often wonder if they have a legal claim for their illness and any resulting medical bills or lost wages. Whether or not you have a cause of action will depend on a number of circumstances specific to your situation, including the source of the contaminated food and the cause for the food poisoning.

If the unsafe food was contaminated when it left the manufacturer, grocery store, or restaurant, you may be able to pursue a product liability claim against responsible party. Product liability is a legal theory that holds manufacturers, retailers, wholesalers, marketers, and anyone along the supply chain liable for dangerous or defective products, including unsafe food products. Accordingly, food manufacturers, restaurants, delis, and grocery stores can be held liable for unsafe food that they sell.

Theories of product liability include:

  • Negligence, which occurs when the defendant knew or should have known of the product’s defect, but failed to take the appropriate steps to protect the public. In the case of unsafe food, you would need to prove that the defendant did not exercise reasonable care in making or distributing the contaminated food.
  • Strict liability, which holds manufacturers liable, in some cases, for injuries and damages caused by unsafe products, regardless of whether they knew or should have known that the product was unsafe simply by nature of the product involved. In order for a plaintiff to recover under the theory of strict liability, he or she must prove that an unreasonably dangerous condition or defect existed in the product at the time the product left the manufacturer’s control. In the case of unsafe food, you need to prove that the food you ate was contaminated and that the contamination caused your illness. Unfortunately, it isn’t always easy to pinpoint the contaminated food source unless there is a product recall, which can make strict liability claims in unsafe food cases difficult to prove.
  • Breach of warranty, which applies when the manufacturer or distributor fails to comply with a written or implied warranty that the product will be safe and free from defects.

Contact a Food Product Liability Lawyer

Unsafe food lawsuits can be complex and challenging to pursue, making it all the more important to consult with a skilled and knowledgeable product liability lawyer At Robert M. Apple & Associates, we focus on representing accident and injury victims and, as such, have extensive experience handling cases involving dangerous, defective, and unsafe products. Moreover, we pride ourselves on providing exceptional client service, personal attention, knowledgeable and reasoned legal advice, and dedicated legal advocacy in a friendly and comfortable environment.

If you or a loved one has been the victim of food poisoning, contact Robert M. Apple & Associates at (702) 646-0085 for a free, no-obligation consultation about a possible product liability claim.

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