Every few years, a sensational news story about a series of food poisonings from a major food distributor or an article about contaminated grocery store meat hits the media. In fact, Massachusetts food poisoning is a more common occurrence than you may think as well as food poisoning throughout the United States. Each year, approximately 25% of all Americans will suffer from a food borne illness. Although most people recover within a short period of time from their illness, many consumers experience serious side effects that require medical attention. In fact, the Center for Disease Control and Prevention estimates that 325,000 people in the United States are hospitalized annually with food poisoning, and of those, about 5,000 result in death.
Despite heavy federal and state regulation through various entities, including the Food and Drug Administration (FDA), United States Department of Agriculture (USDA), Department of Health and Human Services (DHHS) and the Environmental Protection Agency (EPA), these statistics alone demonstrate that food poisoning is clearly a serious public health issue. Those responsible for causing food borne illness, whether through unsanitary, unhealthy or unsafe food handling, should be held liable for their negligence. Food poisoning, though common in Massachusetts, is preventable, if Massachusetts restaurants, Massachusetts grocery stores, Massachusetts food processors and other commercial Massachusetts food providers, adhere to health safety laws and basic principles of care.
Common Causes of Massachusetts Food Poisoning:
Massachusetts food poisoning is generally caused by poor sanitation or poor preparation resulting from the negligence of individuals or companies responsible for growing, packaging, storing, distributing, preparing and serving food. Improperly packaged food and food stored at the incorrect temperature are frequent causes of Massachusetts food poisoning. Additionally, Massachusetts food handlers who do not engage in proper sanitation techniques are also a leading cause of Massachusetts food-borne illnesses.
Massachusetts food-borne illnesses can be contracted in a variety of settings, including Massachusetts restaurants, Massachusetts grocery stores, Massachusetts convenience stores, Massachusetts street vendors, Massachusetts cafeterias, and even Massachusetts barbeques and Massachusetts picnics. Although common, Massachusetts food poisoning is preventable if Massachusetts food producers, Massachusetts manufacturers and Massachusetts distributors adhere to health safety laws and basic principles of care.
If you, your family or someone you love has suffered from Massachusetts food poisoning after eating contaminated food, call the Massachusetts food poisoning attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates for a free case review at 617-787-3700 or email us at info@gilhoylaw.com. Our Massachusetts spoiled food lawyers know the ropes in pursuing a food poisoning case and properly organizing information and evidence. You may be entitled to receive compensation for your medical expenses incurred as a result of the food poisoning, in addition to damages for your pain and suffering and food poisoning injuries. Our expert Boston food poisoning injury attorneys have extensive experience handling Massachusetts food poisoning cases, including those with regards to:
E. Coli, which generally occurs from unsafe food preparation and/or meat processing, or when fluid that comes in contact with the food is contaminated with fecal matter;
Staphylococcus aureus, which usually results from someone consuming food that has not been properly refrigerated, or when food has been handled by someone with an exposed skin infection; and
Salmonella, which generally results from ingesting food that has not been properly cleaned and is contaminated with the Salmonella bacteria, which may be found in the waste of infected humans or animals. Salmonella may also occur from eating raw or undercooked food.
Common Symptoms of Food Poisoning:
Damaging food poisoning infections can cause serious illness and injury, especially in women that are pregnant, babies, young children, the sick and the elderly. Symptoms usually appear within 2-6 hours after ingesting the contaminated substances; however, symptoms may also develop and slowly worsen over days or even weeks. Food poisoning symptoms mimic the flu, and can include abdominal cramps, fever, chills, diarrhea, bleeding, fatigue, headaches, nausea and vomiting. If left untreated or if improperly treated, Massachusetts food poisoning can sometimes lead to kidney failure, respiratory arrest, nervous system damage or even death. It is not uncommon for an entire family to experience symptoms after consuming a meal together.
If you suspect that you or a loved one is suffering from Massachusetts food poisoning, seek medical attention right away to get tested for infection and make sure to receive any necessary treatment. Do not put off being treated. Be sure to save any leftover food that you may have, so that a sample can be tested for contamination.
What Are the Elements Necessary to Establish a Food Poisoning Claim?
If food poisoning has negatively affected you, then you may be able to bring a Massachusetts negligence claim or a Massachusetts claim for breach of implied warranty.
Three elements are necessary to establish a successful Massachusetts food poising claim for either type of liability.
First, a Massachusetts food poisoning victim must establish fault, which is shown by proving that the culpable party did something wrong in the course of handling the contaminated food. Rules and regulations established by the various federal regulatory agencies set the appropriate standards for how food should be handled. Fault can be established by proving that the culpable party breached the applicable law or regulation established to ensure food safety.
Second, a Massachusetts resident who is suffering from food poisoning must prove causation. In order to successfully prove causation, a claimant must establish that had they not ingested the contaminated food, their resulting injury would not have occurred. Causation is the link necessary to connect the fault of the food handler to the resulting injury.
Lastly, a Massachusetts food poisoning victim must prove damages. Damages are established by proving that the victim suffered harm or losses as a result of the Massachusetts food poisoning. Damages include medical bills, lost wages, disability, and pain and suffering which occurred because of the Massachusetts food poisoning.
Additionally, in a Massachusetts breach of implied warranty claim, the food poisoning victim must establish that the Massachusetts seller of the food offered a guarantee of the product to the consumer, and that the consumer ingested the food with the reasonable implied understanding that the food was free from contamination. A Massachusetts implied warranty of merchantability attaches to the retail sale of all Massachusetts consumer goods, unless it is specifically disclaimed by the Massachusetts seller.
Food Poisoning Liability
If you were injured by a Massachusetts food-borne illness, you may be entitled to monetary relief for your resulting damages. In a Massachusetts wrongful death case involving your loved one, you may be entitled to punitive damages and the losses associated with losing a relationship with a family member, often called loss of consortium. The person or company responsible may be held liable for either negligence resulting in the failure to use reasonable care, or for a breach of warranty resulting from the defective food product. Several parties may be liable for your Massachusetts food poisoning illness, including farmers, food manufacturers, food distributors and restaurants.
Most importantly, you need to speak with one of our expert Boston food poisoning injury lawyers today. Call us at 617-787-3700 or email us at info@gilhoylaw.com. We will aggressively pursue your case to ensure that your rights are upheld and that you receive just compensation for your Massachusetts food poisoning injuries.
If you or someone you love is suffering from a Massachusetts food borne illness, please call the Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates today to speak with one of our expert Massachusetts food poisoning attorneys. We are available 24 hours a day, 7 days a week, and can meet with you at your home, office or the hospital -- wherever is most convenient for you.
Our Boston food poisoning lawyers are fully knowledgeable and equipped to handle your food poisoning injury or wrongful death claim against a negligent party that served or sold the contaminated food. Our highly skilled Massachusetts food poisoning attorneys will work tirelessly to ensure that you receive all monetary compensation for your medical bills, lost wages, pain and suffering and food poisoning injuries that you are entitled to under the law. Protect your rights, and let us help you on your road to recovery.
Second, our Boston food poisoning legal advocates always provide our Massachusetts clients with exceptional client service. This is as important to us as the outcome of your food poisoning case. Our Boston food poisoning law office keeps every client fully informed of the progress of his or her food poisoning case. As part of this commitment, all of our food poisoning accident clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from other Massachusetts food poisoning law firms. The Boston food poisoning attorneys at our food poisoning law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our Boston, MA food poisoning law office endeavors to represent each of our clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique food poisoning case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make us a law firm you can trust.
