Did you know that 1 in every 25 packages of chicken at the grocery store is contaminated with salmonella? This highlights the importance of proper food-handling procedures for restaurants, as failure to do so can cause customers to experience symptoms like diarrhea, vomiting, and, in some cases, even death. When restaurants fail to meet this duty, they must be held accountable.
Recently in Virginia, a 58-year-old woman was the victim of food poisoning from a chicken sandwich that was served to her by a fast-food restaurant via a delivery service. When the woman bit into her sandwich and the chicken had the same consistency as the tomato, she knew something was wrong, and it became clear that she had ingested raw chicken. This required her to visit the ER and see a doctor for several months to treat ongoing issues.
This case was litigated by Kimberly J. Raab, a trial attorney at Burnett & Williams, a leading personal injury law firm based in Richmond, Virginia. With experience in everything from car accidents to wrongful death and serious injuries, Burnett & Williams is committed to achieving the best possible results for its clients every time.
The dangers of raw chicken
Anyone who works with food will tell you that raw chicken is one of the most dangerous foods to consume because of its potential to carry foodborne pathogens. While proper handling and cooking procedures can kill bacteria and viruses and make the poultry completely safe to eat, if a restaurant negligently serves raw chicken to a customer, it can result in food poisoning.
Although many cases of food poisoning are short-lived, with effects ending in as little as a few days, some severe cases can have a long-lasting impact on a person’s health. For example, studies have shown that even a single case of food poisoning can cause some people to develop recurring conditions, such as irritable bowel syndrome (IBS) or reactive arthritis. These conditions directly impede a victim’s quality of life.
“Our client suffered from severe abdominal pain, nausea, and diarrhea, within hours of eating the sandwich, causing her to go to the emergency room,” says Raab. “Some symptoms lasted weeks.”
Understanding food poisoning lawsuits
When one hears about food poisoning lawsuits, it is often within the context of a class action lawsuit, but it is also possible to litigate for isolated incidents such as the case above. These are personal injury cases, with the injury sustained being a foodborne illness. Because foodborne illness can have many of the same effects as a physical injury — extensive medical expenses, time lost from work, and pain and suffering, among other pursuable damages — the goal of these lawsuits is to recover money for the client’s losses.
Food poisoning personal injury lawsuits are considered a form of product liability case. The contaminated food is regarded as a “defective product” that the customer has been served, causing them injury. When a customer orders a food item such as chicken, they have a reasonable right to expect the food will be handled and prepared properly. Failing to adhere to proper food handling safety standards can be considered negligence and create a basis for liability in a civil lawsuit.
One of the biggest challenges when it comes to a food poisoning lawsuit is proving that the illness is the direct result of a particular food from a specific restaurant. Typically, the easiest way to do this is by having multiple plaintiffs with the same symptoms from the same source. In this case, however, proving causation is possible with the right evidence.
“For any food poisoning case, you should take immediate pictures of the food so they are time-stamped,” explains Raab. “Also, ensure you keep the receipt. This allows us as attorneys to prove when you got the food and where you got the food from.”
Recovering damages for food poisoning
In the end, Raab and the team at Burnett & Williams succeeded in this case and won the victim a settlement in the amount of $35,000. This sum helped take care of the victim’s medical expenses and compensated her for the pain and suffering she faced as a result of this food poisoning.
“The evidence in this case was crucial,” Raab concludes. “The client took pictures of the chicken sandwich straight away and kept her receipt. This allowed us to prove that it came from the fast food restaurant we were making a claim against.”
Of course, not every instance of food poisoning will require a lawsuit like this. Although you should still seek medical treatment for cases with minor symptoms, these instances are unlikely worth the extensive (and expensive) time and effort it takes to litigate them.
Nevertheless, when the symptoms of food poisoning are severe — such as cases that require hospitalization or have long-term damaging health effects — the restaurant must be held accountable for their negligence. If you think your food poisoning resulted from gross negligence by the restaurant that served you, consult a personal injury attorney like the ones at Burnett & Williams today.
