If you’re the victim of a defective or mishandled food product, especially if you had food poisoning, you might be asking yourself, “can I file a lawsuit?” If you want to know the answer and the things you should consider while filing a lawsuit, please read on.
Can You File A Lawsuit Against Defective Food Products?
The simple answer is, yes. A lawsuit can be filed against the product’s manufacturer if you suffered from food poisoning or suffered in another way related to a defective food product. Defective food product cases can become very complex and if it was a mass-distributed product, there might be multiple victims. Not surprisingly, many victims seek the help of a Brooklyn personal injury lawyer to assist them with the case
Suing A Food Company
Here are some of the reasons why a food company can be held liable for a defective food product:
- Food poisoning
- Foreign object in the food
- Improper, fraudulent, and defective food warnings or labels
When a plaintiff files a lawsuit, the individual has to prove the following four elements.
- The food company distributed or sold defective or contaminated food products.
- The food products were already contaminated or defective when the company released the product.
- The plaintiff used or consumed the food product in a manner, which was foreseeable to the particular food company.
- As a result of using or consuming the defective or contaminated food products, the plaintiff suffered food-related harm or illness.
Some Pointers for Suing a Food Company
When filing a lawsuit for a defective food product, the victim must ensure that the incident was well documented by gathering essential evidence.
Below is vital documentation that should be gathered:
- The receipt to prove that they have purchased the food item.
- Videos or photos of the food item at issue.
- A written document of all the symptoms that the affected individuals have experienced due to the contamination or food poisoning as well as events leading up to the event.
- Any labels or packaging associated with the contaminated or defective food product.
- A list of individuals, or witnesses, who have also suffered the same food-related injuries.
- Any financial documentation, such as: pharmacy receipts, hospital bills, lost wages, etc.
- If applicable, a news article or statement regarding the recalled product.
- Other documentation to proving the company has a history of unsafe food practices and/or recalls
Type Of Available Legal Remedies
Depending on laws and regulations of the state in which the plaintiff is residing, the types of legal remedies vary. Here are some common examples of legal remedies that the plaintiff can expect.
- An injunction
- A punitive damages award
- Economic damages (hospital bills, other medical expenses, lost wages, etc.)
- Non-economic damages (pain and suffering, loss of enjoyment of life, or emotional distress)
If you want the best chance at winning a lawsuit and getting the compensation you deserve, it is essential to hire a great law firm. An experienced lawyer who has the necessary skills will stand the best chance at being able to win your case.
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