In Florida, when a person gets food poisoning or contracts a food-borne illness from food purchased at a grocery or restaurant, the retailer is held strictly liable for such illness. Contaminated food, for the purposes of law-suits, is considered to be just like any other defective product. A retailer is responsible for selling a defective product regardless of how much care they took in its storage, construction or preparation. This is good for people who have suffered from food poisoning. Food poisoning can be caused by many sources such as food contaminated by viruses or bacteria, mishandled food, improperly stored food, unsanitary workers, under-prepared food, foreign substances in food, etc.
One problem with holding retailers accountable however is showing that the contaminated food actually came from that particular retailer. One way to ensure that you receive the compensation you deserve is to act quickly when illness strikes. If you believe you have been the victim of food poisoning:
1) seek immediate medical attention (and inquire whether others have recently been seen for food poisoning)
2) preserve any of the remaining food for testing;
3) preserve the packaging for identification;
4) call the health inspector and report the incident;
5) call an attorney quickly.
Waiting too long to seek advice about your rights against an establishment for selling contaminated food can jeopardize your chances of recovery because evidence of the contamination can disappear and make proving your case more difficult. Don’t wait months to seek advice. My firm has helped victims of food poisoning recover for their suffering. If you or a loved one has suffered because of someone else’s carelessness in handling your food, you can call Jacksonville injury attorney Henry Gare at (904) 387-6101 for advice