Madden Tufano Law

Food Poisoning

Americans are more than ever purchasing food prepared by others. Without knowing how this food was prepared, consumers are wholly placing their trust in these companies. Unfortunately, not every company properly prepares food so as to avoid disease and illness and/or the presence of foreign objects.

If you have eaten food that has been prepared by others and that has made you ill or contained objects that should not be present, the food manufacturer, provider and preparer may be responsible under theories of strict liability. In other words, if the food is found to be defective, then those companies that had a role in providing the food are liable regardless of what efforts they may have undertaken to prevent the defect. In such a case, it is important that you preserve the food item and any receipts reflecting your purchase of the same. In most cases, the food is perishable and you should therefore, freeze it immediately. If you fail to properly preserve the food, you may ultimately not be allowed to bring a claim because the defendant will be unable to inspect and/or test the food.

Under no circumstances should you ever give the food or the receipts documents to the companies that provided the food even if they specifically request you to do so. You should also immediately seek treatment because in some instances the possible physical complications of such a defect can be significant and/or life threatening. In most instances, it is better to be safe than sorry.