Salmonella poisoning can cause serious or fatal illness, which is why it may be important to consult a top food poisoning lawyer District Heights MD provides if you have gotten Salmonella. Consulting an experienced attorney from the law firm of Cohen and Cohen, P.C. may help you determine if you have grounds for a personal injury lawsuit. Food poisoning victims have the right to be compensated for their medical damages, as well as for pain and suffering.
In legal terms, food poisoning falls under the category of a defective product claim. A District Heights MD food poisoning lawyer may be able to file a defective product claim against the persons and/or companies responsible for causing the food poisoning. If found liable, the negligent party will have to compensate the victim. However, for the negligent party to be found liable, certain criteria must be met. If you or someone you know has experienced food poisoning, the following information may be helpful.
Defective Product Claims and Liability
An experienced food poisoning lawyer District Heights MD victims turn to may hire medical consultants to help establish liability in a personal injury case. One or more of the below theories may apply in a defective products case of food poisoning.
A Breach of an Express Warranty
Food products often come with a written guarantee or warranty. If this guarantee or warranty is violated or breached due to poisoning the consumer, it can create grounds for a liability claim. A food poisoning lawyer District Heights MD personal injury victims turn to may make a recommendation on whether or not to pursue a claim, after reviewing your case. Express warranties are often located in these locations:
- On a restaurant’s menu
- On a food item’s packaging or label
- On signs in the store where the food item is sold
- On advertising materials mailed to consumers
A Breach of an Implied Warranty
Whether or not a food item has an express warranty, it may have an implied warranty. In making the consumer sick with food poisoning, the food item breaches the guarantee of safe consumption. Very often, state law imposes an implied warranty on food growers, suppliers, and retailers. A food poisoning lawyer District Heights MD residents hire in similar cases can determine which parties, if any, can be held accountable for breaching the implied warranty. There are two types of implied warranties:
An implied warranty of fitness for a particular purpose. For this warranty to apply, the seller must know how a buyer of a food product will use that product. For example, if a food item has an expiration date, and is consumed before that date, but makes the person sick, the victim most likely has a valid claim for breach of implied warranty of fitness.
An implied warranty of merchantability. The food product must be reasonably fit for the purpose it’s intended to fulfill. For example, patrons of a restaurant expect that the meal they purchase is safe for consumption. If a food item eaten during that meal is toxic, and they experience food poisoning as a result, the restaurant may be held liable. A food poisoning lawyer in District Heights MD may also determine that the food handler and distributor are also liable.
Victims of food poisoning deserve compensation for their damages and suffering. In addition, holding the negligent parties responsible may help prevent future incidences of food poisoning. To speak with a food poisoning lawyer District Heights MD is proud to call their own, contact Cohen and Cohen, P.C.
