Food Poisoning

When you eat at an iconic NYC hot dog stand, grab a snack or groceries from a store, or visit a restaurant or drive-through, you expect the food to be safe to eat. Unfortunately, unhygienic food handling, contamination, and other hazards can make diners and shoppers very ill. In some cases, food poisoning even leads to fatalities.

If you have been injured after eating groceries, snacks, or at any dining establishment, contact The Law Office of Mark A. Siesel for a free consultation. You may have a claim against the restaurant, food producer, or other liable parties and you may be eligible for compensation. Find out more by speaking with our legal team today.

What is Food Poisoning?

Food poisoning can occur when an individual eats food which contains dangerous bacteria or other pathogen, including parasites or viruses. This dangerous affliction can cause numerous painful symptoms, including diarrhea, vomiting, nausea, fever, and dehydration, among others. In serious cases, such as instance of Botulism, patients can experience paralysis and even death.

On December 21, 2010, the United States Congress passed legislation known as the “Food Safety Modernization Act.” The law was enacted in 2011 to ensure that the U.S. food supply is safe by changing the focus of government regulation from responding to contamination to prevention. The U.S. Food and Drug Administration has determined that more than 100,000 people are hospitalized each year due to foodborne illness, and thousands of people die annually due to this persistent problem. Among the elements of the federal legislation, importers (who provide 15% of the U.S. food supply, including 60 % of fresh fruit and 80 % of seafood) will be required to perform supplier verification to ensure that imported food is safe; the FDA can refuse admission of an imported food if the foreign supplier doesn’t comply with an inspection; and the FDA is authorized to require certification that the imported food is in compliance with food safety requirements. Most significantly, the U.S. government has mandatory recall authority regarding all food products.

According to the Centers for Disease Control and Prevention, there are seven common bacteria and two parasites that most frequently transmit disease through food. These are Campylobacter, Listeria, Cryptosporidium, Salmonella, Cyclospora, Escherichia coli O157 and non-O157 (commonly known as E. coli), Shigella, and Yersinia and Vibrio. The CDC obtains its information from a program known as “Foodnet”, or Foodborne Diseases Active Surveillance Network, which is a system that collects data from 10 states, involving 46 million Americans, or roughly 15% of the U.S. population.

Based on information obtained in 2018, the CDC determined that foodborne disease outbreaks (FBDOs) were caused by the following: 46% due to viruses; 47% due to bacteria; 27% of unknown causes; and 7% from either chemicals or parasites. There were 2,986 foodborne disease outbreaks, with 145 fatalities. One of the most common causes of foodborne illness is the norovirus, which accounts for almost 38% of reported illnesses. Salmonella was the next most frequent cause, accounting for 30% of illnesses. Regarding deaths, the most common causes were Salmonella, Shiga toxin-producing Escherichia coli (STEC), and Listeria, which were responsible for 82% of deaths. The CDC notes that in a majority of cases, foodborne illness is preventable, and the motto they espouse is “Clean, Separate, Cook and Chill.”

To protect your rights, it is important to understand the common types of food poisoning:

• Botulism. This is caused by the bacteria “Clostridium botulinum,” and it usually occurs in canned or preserved foods. If you purchase canned foods, make sure that the can isn’t bulging, dented, or compromised in any way.
• Shigella. Shigella causes “Shigellosis,” which is spread when food preparers do not wash their hands and food preparation area. This illness causes severe diarrhea.
• Cyclospora. This parasite can be found in food that is contaminated with manure, which is why careful washing of meats and produce is important. Foodborne illness caused by cyclospora can cause diarrhea that lasts a long time and recurs.
• E. coli. This type of bacteria lives in your gut and is even beneficial to your health, but some strains can cause infection in the gastrointestinal tract or urinary tract, leading to fever, nausea, vomiting, and other symptoms. E. coli infections can be caused by raw, contaminated produce, and by raw dairy products. 
• Shiga toxin-producing Escherichia coli (STEC). This bacterium is a type of E. coli that can lead to especially dangerous symptoms, including bleeding of the intestines and blood in the stools. In some cases, this infection can also cause kidney damage.
• Yersinia. This bacterium is usually acquired by eating undercooked pork products, and it can cause abdominal pain, diarrhea, and fever.
• Vibrio. This bacterium usually infects people when they eat raw oysters and other undercooked shellfish. It can cause fever, chills, upset stomach, nausea, vomiting, and diarrhea.
• Campylobacter. This bacterium can cause campylobacteriosis, which can lead to severe diarrhea. Undercooked poultry is a common cause of outbreaks of this illness.
• Cryptosporidium. This parasite can cause watery, severe diarrhea, and gastrointestinal distress. It can be caught from contaminated water and can be passed from person to person if a food preparer is not careful with hand washing and hygiene.
• Salmonella. There are more than 2,000 types of this bacteria, which can be found in uncooked or undercooked meat, poultry, eggs, and produce. Illness happens when food is prepared in unclean areas and when food is incorrectly cooked.
• Hepatitis A. This virus can be spread when infected individuals handle food without proper precautions. Hepatitis A can cause severe liver damage.
• Listeria. This bacterium causes Listeriosis, and it can grow in unpasteurized dairy products, processed meats such as hot dogs, and other products. Proper hand washing and washing of food surfaces during food preparation is important to prevent Listeriosis. It is also important to heat foods to their correct temperature (for example, 145 °F for ham and most other meats, and 165 °F for poultry).

In general, you need to make sure that the food you prepare is heated to a high temperature and is prepared in a clean environment. Of course, some foods, like lettuce, are meant to be eaten raw, and you often have no way of verifying how careful a restaurant, food truck, or other establishment is with food storage, preparation, and heating. Food manufacturers and anyone selling food have an obligation to you. They must take the proper steps to keep food safe to eat, and if they fail to do so, they can be held liable if you become ill.

Your Rights If You Have Suffered Food Poisoning

Restaurants, food stands, supermarkets, delicatessens and health food stores are legally responsible to serve food in their facilities which is safe for human consumption. If they fail to do so, they can be sued if an individual suffers foodborne illness from eating at their establishment.

The first step in protecting your rights to pursue a legal claim is to seek medical treatment if you have a foodborne illness. After eating, contact a doctor if you experience a fever, severe gastrointestinal distress, weakness, loss of consciousness, blurred vision, difficulty speaking, or other serious symptoms. A doctor can start treatment and will also start documenting the illness.

If you can, keep a record of your costs, symptoms, and time lost at work. This will help you if you decide to file a claim. You will also want to contact a personal injury attorney as soon as possible. Look for a lawyer who has experience with foodborne illness cases and who can explain whether you have a claim. Your attorney will investigate to see whether negligence played a role in your illness. This may be the case if:

• A food producer failed to properly wash produce before sending it out for sale;
• A restaurant failed to store food correctly;
• A dining establishment cross-contaminated food by preparing raw meat and food meant to be eaten raw (like vegetables) on the same surface;
• Food was prepared or stored incorrectly;
• Food was served after it was spoiled;
• An establishment had an unchecked pest infestation that contaminated food;
• An establishment knowingly served potentially unsafe food; or
• Food was packaged incorrectly.

Contact The Law Office of Mark A. Siesel If You Have Suffered Harm

If you have suffered injury from a foodborne illness, you need an attorney who is fully versed in the new regulations in the field of foodborne illness, safety and enforcement. The Westchester County personal injury attorneys at The Law Office of Mark A. Siesel have the experience, knowledge, background, and dedication to obtain the maximum compensation for your injuries, lost earnings, medical and hospital expenses, and loss of enjoyment of life. If you are the victim of foodborne illness, please contact our office for a free consultation to discuss your case in detail with an experienced trial attorney.