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Information on the Restaurant Food Poisoning Law

September 7th, 2013 Food & Hospitality Law

People can take a legal action against a restaurant in the case of food poisoning. You need to present an evidence or proof as well that confirms or support the cause of an injury or death claim. If a certain food item is found liable in inquiry related to sickness, one can also file a case against distributor, food processor and grower among others. Here we are going to tell about the legal responsibilities even if using  cold stone coupons.

Here are five important things that you should know about getting reimbursement from a restaurant in case of food poisoning.

1. Find the Main Reason of Infection

You must get a detailed report of infectious pathogen that affected the person; otherwise, you cannot file a strong case against the restaurant. The identification of the pathogen can be done by getting a complete medical checkup done of the affected person. This process begins with a doctor who gets the sample of stool test it for identifying Vibrio, Salmonella, Shigella, Norovirus, Listeria, Hepatitis A, E. Coli and Campylobacter to name of a few. If any of the bacteria is found, the PFGE test must be carried out. Our attorneys can guide you to a correct and complete testing method.  You can also consult our food safety attorneys free of cost here.

2. PFGE Testing is Very Important

The process of PFGE or pulsed-field gel electrophoreses helps to identify the pathogenic bacteria having genetic fingerprints. It is required because of the strong probability of occurrence of an outbreak, which technically refers to the presence of same bacteria in two or more people who dined at the same restaurant. This acts as a proof that restaurant is legally responsible for the infection and illness including hemorrhagic colitis, reactive arthritis, Guillain-Barre syndrome, thrombotic thrombocytopenic purpura (TTP) and hemolytic uremic syndrome (HUS) to name of a few. You can contact us for PFGE testing.

3. You can Claim for the Punitive Damages if the Restaurant is not Careful

There are many rules and regulation for a restaurant. If the investigation of the infection confirm that there was a regulatory violation by the restaurant that resulted in illness, you can have a punitive damages claim. Punitive damages refers to the amount of money that is given to the victim of ice cream poisoning by the responsible restaurant.  This amount can be on the higher side depending on a few different variables including amount for pain caused, lost income, medical expenses and emotional distress and other kind of compensatory damages. Compensatory damages are usually a lot lesser than the punitive damages.

4. You can also take a legal action against a restaurant if the illness occurs due to an employee

In most cases, the case of food poisoning happens when the restaurant hires an inexperienced employee who serves the ill food and transmits the infection to the food. This can affect many food items with pathogens. It means that the person who served the food did not wash his hands and the consumers were infected.

5. Leftover Food can be Main Proof:

If you still have the food that caused the infection at the first place, do not throw it. It can be strong evidence. Tests results and more info can also be done on food to confirm that infection occur due to the same.