Issues of food poisoning has become increasingly complex extending beyond traditional concerns regarding spoilage and contamination. How safe is our food gives rise to issues pertaining to food additives, genetic modification, global sources, growth hormones, fertilizers, and other safety concerns. According to the Center for Disease Control (CDC), many people do not think about food safety until a food-related illness affects them or a family member. While the food supply in the United States is one of the safest in the world, CDC estimates that 76 million people get sick, more than 300,000 are hospitalized, and 5,000 Americans die each year from forborne illness. Preventing forborne illness, disease, and death remains a major public health challenge.

Foodborne disease is caused by consuming contaminated foods or beverages.  Many different disease-causing microbes, or pathogens, can contaminate foods, so there are many different foodborne infections. In addition, poisonous chemicals, toxins, or other harmful substances can cause foodborne diseases or illnesses. More than 250 different foodborne diseases have been described. Most of these diseases are infections, caused by a variety of bacteria, viruses, and parasites that can be foodborne. Other diseases are poisonings, caused by harmful toxins or chemicals that have contaminated the food, for example, poisonous mushrooms. These different diseases have many different symptoms, so there is no one "syndrome" that is foodborne illness. However, the microbe or toxin enters the body through the gastrointestinal tract, and often causes the first symptoms there, so nausea, vomiting, abdominal cramps and diarrhea are common symptoms in many foodborne diseases. Many microbes can spread in more than one way, so we cannot always know that a disease is foodborne. The distinction matters, because public health authorities need to know how a particular disease is spreading to take the appropriate steps to stop it. For example, Escherichia coli O157:H7 infections can spread through contaminated food, contaminated drinking water, contaminated swimming water, and from toddler to toddler at a day care center. 

If you believe you suffer an illness due to food contamination, you may have a valid claim for compensation. Legal claims involving foods may involve complex legal, medical and technical issues. The following are a few important legal, factual and evidentiary matters that should be considered when evaluating a claim.

• What food do you believe caused you to get sick?

• Are samples of the food  still available and properly preserved?

• Is consumption of the food associated with any known illnesses or diseases?

• Was there a foreign item in the food?

• Was there a foreign chemical or toxin in the food?

• Was medical attention sought, and was the doctor aware of possible food contamination?

• Was the infection, illness, or disease  diagnosed by specific laboratory tests identifying the cause?

• Was there a bacteria, virus, chemical or toxin identified?

• What chemicals were added to or comprise the food?

• Have any other persons consumed the food?

• What were the symptoms and time of onset?

• Did an outbreak of several people occur at a specific event or location?

• Can a particular food be statistically identified?

• At what point could the food have become contaminated?

• Is the food naturally occurring?

• Is the food man made?

• Was the food properly processed?

• Was the food properly stored?

• Was the food properly prepared?

• Was the food modified in any manner?

• Were any chemicals added to the food item?

• Was the food subject to a product recall or warning?

• Have any illnesses been reported due to chemical additives or components?

• Was the food from a source from outside the United States?

• If so, was the product properly inspected?

It is important that an experienced legal team evaluate a food related claim. Complex legal, factual, and evidentiary issues may be involved. If you, a friend, or loved one are injured from a food related illness, you should take immediate steps to protect your or their interest. Do not compromise your rights by making statements to the press, insurance investigators, potential defendants, their representatives, and do not sign anything. Consider the suggestions in our accident guide, and call us immediately. We are here to help. At Larry King, P.C., we recognize the unique issues pertaining to your claim. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients. If you would like to know more, make a selection from the above box.