Food Poisoning is a serious and life-threatening problem, which has become an epidemic in the United States. Food poisoning can affect one person or it can occur as an outbreak in a group of people who all ate the same contaminated food.
The Centers for Disease Control and Prevention (CDC) estimate that there are 76 million cases of food poisoning in the United States each year. Of these cases, approximately 300,000 people will be hospitalized and 5,000 people will die. Food poisoning deaths are not biased towards age, race, gender or status. Negligence in the handling or preparation of food will rob our children of their future and stop the elderly in their prime.
Infants and elderly people have the greatest risk for food poisoning. You are also at higher risk if you have a serious medical condition, like kidney disease or diabetes, a weakened immune system, or you travel outside of the U.S. to areas where there is more exposure to organisms that cause food poisoning. Pregnant and breastfeeding women have to be especially careful.
Food Contamination can also be a serious problem, causing you physical or emotional harm. When a consumer purchases a food product from a grocery store or market or any restaurant, it is assumed that the food or beverage will be safe and free from contamination or foreign objects. Unfortunately, consumers have found everything from insects to condoms in food and beverages sold in Florida. As you can see from the article below, our Florida Supreme Court has recognized that consumers who drink a beverage or eat a food item that contains a foreign substance may be entitled to compensation for the emotional distress caused even if there is no physical injury.
Food Poisoning lawsuits are complex, science-based lawsuits that require a firm understanding of the legal issues that are unique to food poisoning cases and the microbiology that connects a food-poisoning source to a victim's illness. Having a medical doctor who is also a lawyer and a board certified civil trial specialist, our Orlando based law firm takes a detailed approach to representing food poisoning and food contamination victims. As advocates, we understand that food poisoning and food contamination victims experience pain, suffering, and hardship. We take the time to learn about our clients and understand the unique challenges each of them has to overcome. The medical and legal issues involved receive the attention that is required. If you or a loved one has been the victim of food poisoning or food contamination, you can contact us online or call 407-244-1212.
Food Poisoning & Food Contamination Victims
May Recover for Emotional Damage
Florida recognizes a consumer's right to recover damages caused by contaminated food. Whether you suffered food poisoning from a contaminated item at a grocery store, restaurant or directly from a distributor, you may recover damages for your physical injuries and medical bills incurred. In addition, food companies, grocery chains and restaurants are responsible for emotional distress from food contamination where there was no physical injury.
Having recognized for decades the devastating effect of consuming unhealthy food, the Florida Supreme Court made clear that a consumer may recover emotional damages caused when a foreign object or other contaminating substance is found in a beverage or food item. In the case of Hagan v. Coca-Cola Bottling Co., the Court reviewed the upsetting food contamination case involving Linda Hagan and her sister Barbara Parker.
These women innocently drank from a bottle of Coke which they both agreed tasted flat. Linda then held the bottle up to a light and observed what appeared to her and her sister to be a used condom. Both women testified at trial that the condom they saw in the Coke had "oozy stringy stuff coming out of the top." Both women were distressed that they had consumed some foreign material and Linda immediately became nauseated. Because of their concerns as to what they had consumed, the women went to a health care facility the next day and were given shots. The medical personnel at the facility told them they should be tested for HIV-AIDS. They were then tested and informed that the results were negative. Both women were tested for HIV again six months later and the results were again negative.
Lawyers for the defendant took the position that the lawsuit should be thrown out because neither woman suffered a physical injury. Neither woman claimed food poisoning or any physical injury from this incident of food contamination. The defendant argued that Florida law required a physical injury-that emotional upset was not enough to justify compensation of the victims. In other words, both of these women should just have to accept what happened and Coca-Cola should not be held accountable for this nightmare.
The Florida Supreme Court disagreed with Coca-Cola and found that a lawsuit for emotional distress caused by the ingestion of a contaminated food or beverage should be allowed despite the lack of an accompanying physical injury. The Court explained that the public has become accustomed to believing in and relying on the fact that packaged foods are fit for consumption. A retailer of food should foresee that a person may well become physically or mentally ill after consuming part of a food product and then discovering a foreign object, such as an insect or rodent, in presumably wholesome food or drink. The manufacturer or retailer must expect to bear the costs of the resulting injuries.
At Ward & Caggiano, we find it disturbing that grocery stores or restaurants sell food and beverages and then do not want to stand behind what they sell. Fortunately, our Supreme Court has provided the right to bring legal claims when these food sellers will not accept responsibility for the physical or emotional harm that is caused by food poisoning or food contamination. If you or someone you know has suffered from food poisoning or food contamination, please let us know if we can help.
Food Poisoning & Food Contamination--- What You Should Know to Protect Your Family
