Legal Remedy an Option When Food-Poisoning Makes You Sick

At Casey Law Offices, S.C., we focus exclusively on prosecuting injury claims to ensure negligent individuals and businesses are held responsible for irresponsible behavior resulting in injury so those harmed are fairly compensated. We represent Wisconsinites who have suffered a variety of injuries, including those related to car accidents due to irresponsible drivers.

Legal Remedy an Option When Food-Poisoning Makes You Sick

Have you been sick to your stomach lately? It might not have been the flu. A disturbing report released this week by the Department of Health and Human Services’ Inspector General’s office tells us the recall process for the vast majority of the nation’s food is so slow that it can take up to 10 months to get unsafe products off store shelves, regardless of the effect this food has on consumers.

An audit of 30 recall cases from a three-year period revealed it took the FDA an average of 57 days, or nearly 2 months, to issue a recall. Specific instances include 3 months to recall cheese contaminated with listeria, and 5 months to recall nut butter infected with salmonella.

Of the 30 recalls reviewed by the inspector general, 23 were Class 1 recalls, which means they can cause death or irreversible health problems. The other 7 were Class 2, which can result in up to months-long hospital stays. 1 infant and 2 fetuses died in the recalls examined between October 2012 and May 2015 and multiple illnesses were reported.

To its credit, the FDA is making major efforts for the recall process. It has focused on improving communications with the public and will likely begin naming stores where infected products are sold, along with the companies that make them. If you believe you have been a victim of a contaminated food product, our Wisconsin personal injury attorneys at Casey Law Offices may be able to help you in determining whether you have a case.

Wisconsin has strict product liability laws, which mean you do not have to show proof of negligence on behalf of the manufacturer or supplier. You may be able to do so by proving this negligence occurred in the manufacturing or supplying processes, in regard to a failure to exercise reasonable care in making or distributing the contaminated food product responsible for your illness.

Wisconsin also imposes minimum standards on products, known as "implied warranties", and the contamination of the food product involved in your case may constitute a violation of those implied warranties. In addition, any guarantees supplied by the food processor can be constituted as a violation, including those claiming the food in question has been pre-washed.

Proving your claim comes down to 2 points: proving the food you ate was contaminated and was also the cause of your illness. To prove the food was, in fact, contaminated--it is much easier to prove if other people got sick after eating the same food as well. It is also easier to prove in case a government health agency tracks the food poisoning, which allows for scientific testing of the food in question. Proving your illness is a result of the contaminated food is far easier, as you simply need to provide a stool sample which indicates a connection between the food and your consequential illness.

It is important to begin an investigation immediately upon becoming sick. If you or someone in your family has been wrongly and seriously injured due to contaminated food, please contact our Wisconsin personal injury attorneys at Casey Law Offices, S.C. Our team includes a seasoned trial attorney who has won significant cases for our injured clients, resulting in restored justice and significant financial awards.

Please call us today for a free consultation (414) 272-5564.

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