Liability and Negligence in Food Poisoning Claims

Victims of food poisoning may not recognize the importance of consulting a top food poisoning lawyer Rockville MD provides to determine if they should consider litigation. It can be challenging to prove liability for negligence, which is why speaking with Cohen and Cohen, P.C. may be of great benefit. Our attorneys offer a free consultation, which can make it easier to decide if it’s worthwhile to pursue a lawsuit.

A food poisoning lawyer in Rockville MD may help food poisoning victims recover their medical costs, and possibly get additional compensation for pain and suffering. The legal team of Cohen and Cohen, P.C. works hard to get justice for our clients, who have suffered through no fault of their own.

To determine liability and negligence, a Rockville MD food poisoning lawyer must demonstrate how a food poisoning case meets the necessary criteria. Below is more information that you may find helpful.

Strict Liability

Food poisoning cases fall under the classification of a defective product claim. A food poisoning lawyer Rockville MD offers only has to show that the food item made the consumer sick. Strict liability is generally easier to prove than general liability, for which the attorney must prove that the company acted negligently by not taking reasonable care or precautions in preparing or handling food.

Strict product liability is a developing area of law, and is not permissible in all areas of the country. When consulting with a food poisoning lawyer Rockville MD injury victims hire, you may wish to ask him or her if they have experience with strict liability cases.

The defendant’s attorney may make the following arguments against being held liable from a strict liability standpoint:

  • The food item was not unreasonably dangerous (for example, if the victim had known food allergies that caused the poisoning, or allergies exaggerated the effects)
  • As the consumer, you should have been aware of the potential danger in eating the item, and therefore should have avoided it
  • The food item prepared, served, or supplied by the defendant was not actually the cause of your food poisoning


If strict product liability is not a legal strategy available to you, your attorney may pursue a negligence claim. To prove negligence, your attorney must argue that the defendants supplied the defective food item that poisoned you:

  • The defendants were not reasonably careful or “failed to exercise reasonable care” in providing you with the food that poisoned you
  • Alternately, your attorney must prove that the supplier acted negligently,, which resulted in the food product poisoning you.

If a food poisoning lawyer Rockville MD residents rely on can prove that the servers don’t practice safe food handling, the restaurant’s owners may be held liable due to negligence.

To determine if you have a case, consult with a skilled food poisoning lawyer Rockville MD provides, such as Cohen and Cohen, P.C.

Food Poisoning Lawyer Rockville MD

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