Food Poisoning Lawyers in Jacksonville, Florida
Food poisoning is defined as an illness caused by consuming food infected with bacteria, viruses, or parasites. If you suffered a serious illness due to food poisoning, you may be wondering whether anyone is legally responsible. The answer depends on the circumstances that led you to contract a food-borne illness.
Proving Your Claim
In food poisoning cases, proving your claim is generally the most difficult aspect. In order to win your lawsuit against a food manufacturer or supplier, you will have to prove two things in order to win your lawsuit:
- The food you consumed was contaminated
- The contamination made you sick
The food you consumed was contaminated.
You will have to pinpoint the particular food product that made you sick. If there is a time delay — which is quite common — between eating the contaminated food and coming down with symptoms of food poisoning. It may be difficult to determine specifically what it was that made you sick, unless many others were also made ill by eating the same food product.
Proving a link between the food you ate and contamination is easiest in cases where a government health agency steps in and traces an outbreak of food poisoning to a particular source. Scientific testing to determine the particular type of disease-causing microbes that were present in the contaminated food can be critically important because it can provide solid evidence linking the contaminated product with your illness.
The contamination made you sick.
You will also need to prove that your illness was caused by the contaminated food. The best way to do this is to have a stool sample scientifically tested for food poisoning. If you can show that your stool sample contained the same disease-causing microbes that were found in the contaminated food source, you will greatly strengthen your claim.
Depending on the circumstances, other legal arguments may be available to you.
It is important to understand that you must file a food poisoning lawsuit within a certain period of time. This is due to a procedural rule known as the statute of limitations. If you do not file your lawsuit before the time period set forth in the statute of limitations applicable to your case, the court will not hear your case regardless of how strong your claims are.
Contact us as soon as possible so we can help you collect the evidence necessary to substantiate your claim, as well as determine under which cause of action you should proceed.
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