What is it called when someone gets sick from eating food contaminated with germs or toxins?
Food poisoning is a type of food-borne illness. It is a sickness people get from something they eat or drink. The causes are germs or other harmful things in the food or beverage.
Symptoms of food poisoning often include upset stomach, diarrhea, and vomiting. It can come from anywhere, such as your own home, neighborhood barbecue, or even in restaurants. If you’ve ever been sick after eating at an establishment, know what you can do with the help of a food poisoning lawyer at Dobberstein Law Group.
How To Report Food Poisoning
If you have seen a doctor or medical personnel and have been diagnosed with food poisoning, you need to report it to the Las Vegas health authority, the SNHD. After filing your complaint, there may be other victims that have filed to strengthen the claim against the liable party further. The SNHD may investigate on their own to find the cause of the food poisoning by talking with the restaurant and inspecting their kitchen.
Proving Negligence for Filing a Personal Injury Lawsuit
There are four legal claims that you can bring toward the at-fault party, which are strict product liability, negligence, negligence per se, and wrongful death.
1. Strict Product Liability
To win a strict product liability claim, plaintiffs must prove that these elements: the product (the food) was defective, that it was defective at the time it left the possession of the defendant, that it was used in the manner it was supposed to (eaten), that the product injured you, and those injuries resulted in damages.
2. Negligence
For a straight negligence claim, the elements must prove that the defendant had the duty of care toward you, that the duty of care was breached, that this caused injury to you, and that injury caused you damages.
3. Negligence Per Se
To pursue a negligence per se case, the elements that are needed to win are that the liable party was to follow certain laws, that you were supposed to be protected by that law, the defendant violated it, and that violation caused an injury which resulted in damages toward you.
4. Wrongful Death
There are four elements to proving a wrongful death suit. Those are that the victim died, that the death was caused by negligence or wrongful acts of the defendant, that the plaintiff bringing suit is an heir of the victim, and that they suffered damages from that death. The family can bring this claim to the state of Nevada.
Statute of Limitation for Filing a Claim for Food Poisoning
Food poisoning cases have a 2-year statute of limitations after the initial sickness. This is a relatively short period of time and should be filed with an attorney at the first possible moment. Consulting with a personal injury lawyer closely after the sickness gives the opportunity for the health board to inspect while the conditions are close to what they were at the time of sickness. There is also a better chance that evidence such as eyewitnesses and video footage are still strong and available. The more time that passes, the more evidence that could prove your case vanishes.
How Las Vegas Injury Attorneys Can Help in a Food Poisoning Case
Having an experienced attorney in handling food poisoning cases means that they know all the compensatory damages that may be available to you and can fight for it. They understand the law, the nuances of the statute of limitations, and what documents are needed to prove their case. By providing legal advice, they can fight to not only win your case but increase the amount of your damages or settlement.
If it goes to trial, a personal injury lawyer that has experience in these cases can tack on punitive damages, which may be even higher than the original damage amount. With experience and education behind them, personal injury lawyers can help you with your case.
The Dobberstein Law Group has extensive experience in resolving food poisoning cases. For personal injury North Las Vegas lawyers like us believe that you should have the right to eat out without fear of food contamination. Call us today to talk further about any possible case.