Food poisoning is a kind of personal injury issue that typically falls under the category of defective products claims or products liability. The reasoning stems from the fact that the "product," in this case food, caused harm (poisoned you) due to: neglect or defect.
Under Illinois law, plaintiffs in such cases must prove that they ate the food product in question, that the product caused their injuries and that the defect or causative agent was present in the food when under the control of the defendant(s). As with many other types of product liability cases, a claim may not only be brought against a manufacturer of the product in question but also any agent involved in the chain of distribution of that product.
The difficulty in bringing such a claim is in meeting the burden of proof. Because of the time it typically takes for a contaminated food product to cause symptoms, it is difficult to show a specific food caused those symptoms. In cases where several individuals have eaten the same food and exhibited similar injury or symptoms, the connection from the injury to its causative agent is an easier one to make. For example, guests at a restaurant that eat over a one or two day period and all suffer food poising can make that case that the food-borne illness originated at that restaurant, that is if that restaurant is the only connection those guests share.
If guests from the same party eat at a restaurant and then venture out together thereafter to a bar, for instance, or one of the individual's homes and there consume more food, later developing a food-borne illness, claimants would need to prove that the food-borne illness did not stem from that second get-together to make a case against the restaurant where they age originally.
Beyond identification of the source of the food-borne illness, a plaintiff still should identify who was responsible for the causative agent in their case. Because the restaurant may have outsourced for the food in question, distributors and subcontractors may also bear some responsibility in your case and may be held liable for damages.
Because of the complexity involved in bringing food poisoning personal injury claim, it is strongly recommended that you consult with a practiced personal injury attorney like those at Panio Law Offices. We understand the burden of proof in defective product cases and can advise and help with documentation of evidence, and identifying responsible parties.
We work with our clients diligently to secure the compensation they deserve for their injuries and related losses. And should you not be able to meet with us in one of our Chicagoland office locations, we are happy to come to your location.
Panio Law Office attorneys have years of experience in personal injury law and are able to negotiate the maximum amount of damages to which your injuries entitle you. If you have a question about a personal injury case or need an attorney's assistance in filing a claim, please call (312) 313-0305. We can help.