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Learn What to Do If You Think You Have Food Poisoning (2026)

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Food Poisoning

Get insights on how to confirm a case of food poisoning and how to protect your rights. 

According to the Centers for Disease Control and Prevention, food poisoning causes 48 million illnesses, 128,000 hospitalizations, and up to 3,000 deaths each year. A serious incident of food poisoning can leave a victim with significant medical expenses, lost wages, pain and suffering and other economic and non-economic damages. 

Food poisoning is commonly caused by bacteria, viruses, parasites, and toxins, including:

  • E. Coli (Escherichia coli)
  • Salmonella
  • Listeria – Found in products like seafood, cheese, and ready-to-eat meals 
  • Hepatitis A
  • Norovirus
  • Shigella – Linked to imported raw oysters and shellfish 

An incident of food poisoning can cause serious long-term health problems especially for those who are among the most vulnerable, like:

  • Infants and Children;
  • Pregnant Women; and
  • Immunocompromised Individuals.

What Should You Do If You Suffer Food Poisoning?

According to the CDC, a case of diarrhea that lasts over a day is an indicator of food poisoning. If you suspect food poisoning, it’s important to act quickly to protect your health and legal rights. Here’s what you should do:

  • Preserve Evidence: Save a sample of the suspected food, if possible, and keep the receipt or proof of purchase. If the food is packaged, retain the packaging.
  • Seek Medical Attention: Visit a doctor or hospital and request that your blood or stool be tested for food-borne pathogens. This step is crucial for identifying the specific cause of your illness.
  • Report the Incident: Notify your local health department to alert them of the issue and inquire about other complaints.
  • Document Everything: Keep records of your symptoms, medical bills, missed work, and any other expenses related to your illness.

These steps can help establish the source of contamination and strengthen your claim if you decide to pursue legal action.

Injuries Caused By Food Poisoning

Food poisoning can cause serious, long-lasting health issues, particularly for vulnerable groups like children, pregnant women, and immunocompromised individuals. Common injuries include:

  • Kidney Issues: Including kidney failure or hemolytic uremic syndrome (HUS).
  • Neurological Disorders: Children under 5 are at the greatest risk for these injuries.
  • Severe Infections: Such as sepsis or bloodstream infections.
  • Organ Damage or Removal: Resulting from complications like severe infections.
  • Chronic Conditions: Including irritable bowel syndrome (IBS) or paralysis.

These injuries highlight the importance of holding negligent parties accountable to prevent future harm.

Human Factors That Cause Food Poisoning

Food poisoning often occurs when food becomes contaminated with a microbial pathogen because of:

  • Improper Food Handling: Contamination during preparation, manufacturing, packaging or storage.
  • Undeclared Allergens: Failing to disclose allergens like nuts, dairy, or gluten.
  • Mislabeled Products: Providing incorrect or incomplete ingredient information.
  • Expired Products: Leaving expired items on shelves or in storage.
  • Inadequate Safety Instructions: Failing to warn consumers about risks associated with improper handling or consumption (e.g., raw dough).

These preventable errors highlight the importance of strict food safety standards.

Responsible Parties

Food poisoning is often caused by the parties responsible for handling, preparing, or serving food in various settings, such as:

  • Big Box Retailers: Selling contaminated or expired products.
  • Restaurants and Food Service: Failing to follow proper food handling, cooking, or hygiene practices.
  • Grocery Stores: Stocking expired or improperly stored food items.
  • Convenience Stores: Selling mislabeled or unsafe ready-to-eat products.
  • Hotels and Resorts: Serving improperly prepared food at buffets or events.
  • Daycare Centers: Providing unsafe meals to children.

Law Note: Most food poisoning lawsuits are based on negligence and a breach of the implied warranty that food will be fit for human consumption. Additionally, victims often pursue strict liability claims against food product manufacturers and distributors under Florida’s product liability law.

Get A Free Case Evaluation By An Experienced Food Poisoning Lawyer

Food poisoning can have devastating consequences, from severe health complications to financial strain. If you or a loved one has suffered due to food poisoning, you don’t have to face the challenges alone. With decades of experience, Alan Sackrin is here to help you navigate the legal process and fight for the compensation you deserve. Contact Alan by email or call (954) 458-8655 for a free initial consultation today.

To learn more about Alan Sackrin, click on this link: Personal Injury Lawyer

 

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