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It seems that every day the news media is covering another story about potential food poisonings. Many of these poisonings happen after eating at restaurants.

The CDC (Centers for Disease Control and Prevention) estimates that every year in the United States one in six Americans gets sick from contaminated foods or beverages and 3,000 of these die. During 2010-2014 there were multistate foodborne outbreaks which included an average of 24 multistate outbreaks each year. These outbreaks involved:

• Salmonella – Traced to eggs, chicken and raw ground tuna that accounted for the most illnesses and hospitalizations.
• Listeria – Traced to contaminated cantaloupe caused the most deaths in 2011 killing 33 people.

The FDA (U.S. Food and Drug Administration) and Healthline.com defines food poisoning as “the result of eating contaminated, spoiled or toxic food.” They report that most cases of food poisoning are mild causing diarrhea and stomach cramps, but there have been severe to fatal cases as mentioned above. Healthline.com further describes the food poisoning as coming from:

• Bacteria such as E. coli, listeria, botulism and salmonella
• Parasites such as Toxoplasma
• Viruses such as the Norovirus, Sapovirus, Rotavirus and Astrovirus as well as Hepatitis A

Outbreaks in 2015

• In August 2015 there were 77 people infected with the norovirus after eating at a Chipotle restaurant in Simi Valley, CA. Health inspectors investigated and found dirty equipment, equipment directly connected to the sewer and other sanitary and health violations. 

• Cucumbers imported from Mexico by Andrew & Williamson Fresh Produce were found to be the cause of a multistate outbreak of Salmonella infections between August and September of 2015. There were 888 people infected with 191 hospitalized and 6 deaths. Two cucumber recalls were issued in September 2015 as the result of the investigation. 

• More than 140 students at Boston College were diagnosed with norovirus contracted after eating at a Chipotle restaurant in early December.

The question of whether a business can be sued for causing poisonings is difficult to answer. It depends on several issues not the least of which is the level of harm sustained. Just getting sick and suffering diarrhea are not enough. These symptoms can be caused by any number of reasons including getting the flu.

When a person gets sick is an important question to answer. Sickness could be caused by ingesting leftovers in a “doggie bag” over which the restaurant may have had no control once the food left its premises.

Restaurants must, by law, follow specific legal requirements. These requirements are covered under the 2009 FDA Food Code which was adopted by Rule Chapter 61C-1 of the Florida Administrative Code which became effective January 1, 2013.

In addition to restaurants, claims may be filed against grocery stores, food processors and distributors if the law and evidence support the personal injury or wrongful death claim.

When an investigation into an illness finds that the restaurant or other food business has a pattern of blatant regulatory violations that directly relate to an illness, then there can be a punitive damages claim in addition to amounts for medical expenses, lost income, pain and suffering, emotional distress and other compensatory damages.

“The determination of whether there is enough evidence of harm and responsibility must be made by an experienced attorney. If you or a loved one has been affected by food poisoning, contact the experienced team at Spivey Law Firm, Personal Injury Attorneys, P.A.,” said Fort Myers Personal Injury  Attorney Randall Spivey.

Fort Myers Personal Injury Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.