Food poisoning is a significant public health concern in Canada. According to the Public Health Agency of Canada, there are an estimated 4 million cases of food poisoning in Canada each year, a majority of which result from the consumption of food at restaurants.
What is Food Poisoning?
Food poisoning occurs when someone consumes food contaminated with harmful bacteria. Food can become contaminated in a variety of ways, including improper storage, handling and cooking, and preparation in unsanitary conditions.
Eating contaminated food can lead to a variety of symptoms and health concerns, ranging from common side effects such as vomiting, diarrhea, fever, and abdominal pain to more severe complications such as paralysis and death. Pathogens which typically cause food poisoning include:
- Campylobacter jejuni;
- Norovirus;
- Salmonella;
- Shigella;
- Vibrio;
- E.coli O157:H7; and
- Listeria.
What are the Steps in a Food Poisoning Lawsuit?
If you or someone you know has suffered from food poisoning, you may be entitled to compensation. To succeed in a food poisoning lawsuit, you must prove that you ate contaminated food which caused your illness. Whether a restaurant, food manufacturer or other entity involved in the supply and/or preparation of your food is liable for your injuries can be informed by a number of factors, including whether:
- food products were improperly stored, handled or cooked;
- food products were prepared in unsanitary conditions; and
- restaurants, food manufacturers or other entities failed to meet hygiene and other legislated standards.
Ultimately, a successful food poisoning case requires a thorough and detailed investigation, expert analysis and advocacy. Our team of Slater Vecchio lawyers has extensive knowledge of food safety laws and regulations and experience working with medical and food safety experts that can help hold restaurants and food manufacturers accountable. Here are some ways that Slater Vecchio will help with your food poisoning case:
1. Investigate the Source of Contamination
One of the first things our lawyers will do is investigate the source of the contamination. We will gather information about what you ate and where you ate it, as well as any other factors that may have contributed to your illness. This information can assist in determining who is responsible for the contamination and may be used as evidence in court.
2. Gather Evidence
Our lawyers will gather evidence, such as medical records, witness statements and other documentation that can help prove your case. We will also work with experts in the field of food safety to determine the cause of the contamination and assess the damages that you have suffered.
3. Represent You in Court
If a settlement cannot be reached, our experienced trial lawyers will present your case and argue on your behalf in the courtroom.
4. Provide Legal Advice and Support
Throughout the entire process, our team will provide you with legal advice and support. We will answer your questions and keep you informed about the status of your case. Our lawyers will also help you understand your legal rights and options, and help you make informed decisions about your case.
What Can You Do to Help Your Case?
The onset and symptoms of food poisoning can vary significantly between individuals and are influenced by a number of factors, including the type of bacteria responsible for the infection and the amount of contaminated food consumed. While some people may experience symptoms within hours, others may not experience symptoms until several days after consuming contaminated food. It is important that you take the following steps upon developing symptoms which you believe may be a result of food poisoning:
- contact your healthcare provider as soon as you experience symptoms associated with food poisoning;
- keep track of your symptoms and identify when you first experienced your symptoms;
- identify the food source you suspect may have caused your illness and, if possible, retain the food product;
- identify and document all food and drinks that you consumed in the days and weeks prior to the onset of your symptoms; and
- ask your healthcare provider to have a stool sample tested to identify the causative bacteria.
To What Compensation May I Be Entitled?
Depending on the extent, scope or severity of your injuries, you may be entitled to some or all of the following compensation in the event that a defendant is found to be responsible for your food poisoning:
- past loss of income;
- loss of future earning capacity;
- non-pecuniary damages;
- cost of future care and medical treatments; and
- punitive damages.
We Can Help
If you have suffered from food poisoning, Slater Vecchio wants to hear from you. Our lawyers have the knowledge, expertise and resources to investigate the source of the contamination and represent you in court.
Contact Slater Vecchio and tell us your story and learn about the options available to you.
