New Orleans
Food Poisoning Lawyer

Your Personal Injury Lawyer for Food Poisoning Cases

If you’ve become ill after eating contaminated food bought from a restaurant or vendor, you can make a food poisoning claim to seek fair compensation. You may be able to access compensation for things like lost wages and medical bills. However, proving food poisoning claims is rarely easy, and navigating state and federal laws on food safety is always complicated. 

If you plan on making a Louisiana personal injury claim for food poisoning, you need help from a New Orleans food poisoning lawyer. An attorney can help you determine how much compensation you may be owed and gather evidence to support your claim. To ensure the right party is held liable for your foodborne illness, seek legal advice today by reaching out to our team at the Cardone Law Firm.

Suffered an illness due to contaminated food products?
Get help making a personal injury claim.

Food Poisoning

Claim Process

Seek Medical Attention

One of the key steps in seeking compensation for foorborne illnesses is getting the necessary proof of that illness and its cause. This means getting medical attention as soon as you suspect that you’ve suffered food poisoning. Getting an exam promptly is crucial for establishing that you were in fact ill, when that illness began, and its likely cause. Without medical records to prove these facts, you may have a harder time getting the coverage you need after food vendor negligence.

01

STEP

Get Legal Help

If you think that some food you purchased make you sick, and you’ve suffered tangible losses as a result, then it’s time to get legal help. Whether you’ve racked up costly medical expenses or lost valuable work time, a lawyer can fight on your behalf to get coverage for those losses. Your food poisoning attorney can build a strong case proving the vendor’s liability for your illness, working to hold food sellers’ responsible for food safety failures. Don’t hesitate to get the help you need.

02

STEP

File a Claim

With help from your lawyer, victims may be able to successfully seek a settlement for food poisoning losses. Under the law, food vendors are expected to take reasonable and necessary steps to avoid food hazards for consumers. When these businesses fail to protect their customers and public health, a lawsuit may be needed to hold them accountable. Your attorney can work to reach a satisfactory resolution to your claim, but if no settlement can be reached in negotiations, your case may go to trial.

03

STEP
FREE Case Review

Food Poisoning

basics

Types

Liability

Compensation

Unfortunately, there are many different types of foodbornes illnesses, and each comes with unique symptoms and complications. A few of the most common germ-related food illnesses include:

  • Norovirus – Associated with leafy greens, fresh fruit, shellfish, and contaminated water, this type of food poisoning can cause diarrhea, vomiting, and stomach pain.
  • Salmonella – Typically found in undercooked meats, eggs, unpasteurized milk, and raw fruits and vegetables, Salmonella causes fever, cramps, diarrhea, and vomiting.
  • Clostridium Perfringes – Found in meat, poultry, and large-batch foods held at unsafe temperatures, exposure to this germ can cause stomach cramps and diarrhea that typically lasts less than 24 hours.
  • E. Coli – This germ is often found in raw or undercooked beef, unpasteurized milk and juice, raw vegetables, and contaminated water, and is known to cause severe stomach cramps, bloody diarrhea, and vomiting.
A woman with food poisoning

Proving liability for food poisoning is similar to premises liability cases, also known as slip-and-falls. In these circumstances, you can prove legal responsibility for the incident using the argument below:

  • Duty – Prove that the restaurant or vendor had a legal duty to provide safe food products.
  • Breach of Duty – Prove that the at-fault party failed to uphold their duty of care.
  • Causation – Prove that it was the breach of duty that caused your illness
  • Damages – Prove that your illnesses caused damages such as pain and suffering and lost wages.
A woman with a stomach ache looking at a laptop

Your lawyer can investigate your case, refer to doctors’ notes, and research your medical records to develop an argument for your claim and what you’re rightfully owed. Your damages may include:

  • Lost wages
  • Pain and suffering
  • Medical costs
  • Reduced earning power
  • Future medical care needs

Keep in mind that some types of food poisoning can cause severe and life-long complications. In these cases, compensation is meant to reflect that high cost.

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New Orleans, LA 70113
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