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Contaminated Cheese Highlights Importance Of Food Related Personal Injury Law

Contaminated Cheese Highlights Importance Of Food Related Personal Injury LawIt seems like every year there’s another outbreak of illness related to food. The most recent one is an outbreak of Listeria Monocytogenes spreading through the country but focused primarily on California. The outbreak actually led to the death of one and has hospitalized several others.

The facts are that it can happen anywhere. About one out of every six people are made sick every year from contaminated food. And while some cases are never traced back to a source, others are. In this most recent case, for example, it was a Delaware cheese factory that was found to be the source of the rare listeria outbreak. A wide range of issues were found in the facility during an FDA inspection including everything from rust in equipment to cheese processing equipment being exposed to rainwater.

These kind of outbreaks are admittedly rare, and in most cases Florida residents don’t have to panic and assume that all of their food is dangerous – quite the opposite. Most food is totally safe to eat.

If you are unfortunate enough to become sick from food, you’ll need to focus first on recovering from your illness. Once you’re better, however, you may need to consider seeking legal advice. In some instances, a food manufacturer may be held liable for your illness if it can be shown that they are at fault for them.

Fault is a difficult thing to define when it comes to food related injuries, however. That’s because in many cases manufacturers can’t be held responsible for illness caused by food – particularly if you are responsible for preparing it properly.

However, in instances like this most recent listeria outbreak, there are plenty of things that lead to the conclusion that the manufacturer can be held liable. Here are some of the key factors that can lead to determining that a manufacturer is at fault:

• Unclean conditions
• Poorly repaired or maintained equipment
• Low safety or sanitation standards
• No employee sanitation guidelines
• Chance of cross contamination with other foods

Those are just a few of the different things that can cause a manufacturer to be held liable for your illnesses. In general, it comes down to the same things that any other personal injury case would come down to – fault, negligence, and recklessness.

In general, the company in question must be proven to be negligent or reckless in their manufacturing, packing, or shipping process. This means that they must be aware of sanitary issues and choose to ignore them. During an inspection from government officials, if any signs of negligence or recklessness are found, there may be ground for legal action.

That doesn’t mean you can just challenge them on your own, however. In America, most food companies are owned by larger corporations. That means that they’ll likely have lots of legal resources on their side to help defend them. It’s important that you get a good attorney to help you determine if you have the grounds for a case, and if so to help you fight the company and get what you’re owed.

We have more than 100 years’ experience in personal injury law, and get our clients millions each year in settlements. If you have become ill due to a food related illness, contact us to learn more about your rights and your options.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Contaminated Cheese Highlights Importance Of Food Related Personal Injury Law

Goldman Babboni Fernandez
Murphy & Walsh

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