E. coli. Salmonella. Listeria. Campylobacter. Mercury.
These are just a few of the infectious agents, including bacteria, parasites, pathogens and viruses, as well as the toxins that cause food poisoning. If you have been sickened by contaminated food purchased at a restaurant or a grocery store, you may have a claim for damages, both for your medical treatment, as well as your pain and suffering.
Food poisoning does not just happen for no reason. It happens because foodborne illnesses are permitted to form and fester when restaurants and grocers fail to follow proper food preparation and storage procedures.
It also happens because restaurants and supermarkets do not properly supervise their staff in hygienic food preparation requirements. Among the most common infractions are:
- LACK OF CLEANLINESS – Failure by employees to wash their hands; failure to sanitize working spaces; failure to clean surfaces where food is being prepared; failure to thoroughly wash all fruit and vegetables.
- CROSS-CONTAMINATION – Failure to separate raw foods from ready-to-eat foods; allowing raw meats, eggs, poultry products, and seafood and their juices to mixes with other foods.
- INADEQUATE TEMPERATURES – Selling raw foods, or failing to thoroughly cook foods; cooking foods at an inadequate temperature.
- FAILING TO REFRIGERATE – Allowing food to remain at room temperature for excessive periods of time, as bacteria continues to multiply.
At the Law Offices of Mark S. Guralnick, we have handled numerous food poisoning cases arising from a wide variety of circumstances. Some cases have involved outdated and re-packaged or mislabeled food; contaminated food at salad bars and “infected” food served off the menu at popular restaurant chains.
While most cases involve unsanitary procedures at the restaurant or grocery store, some cases involve contamination issues that occur at manufacturing or packaging plants or at distribution centers.
Food poisoning refers not just to one kind of “poison.” There are dozens of possibilities.
The Law Offices of Mark S. Guralnick will scrutinize your medical and toxicology results to pinpoint the kind of infectious, viral, parasitic or toxic agents that caused your food poisoning. Understanding which poison attacked you helps us to identify which food — and therefore – which sellers and food preparers were negligent in your case. Among the major food-related poisons are:
- Ciguatera poisoning
- Scombroid poisoning
- Bacterial food poisoning
- Staphylococcus aureus
- Clostridium botulinum
- Campylobacgter jejuni
- Vibrio Parahaemolyticus
- Vibrio cholera
- Bacillus cereus
- Clostridium perfringens
- Yersinia Enterocolitica
- Enterobacter sakazaki
- Entamoeba histolytica
Once we identify the poisonous agents that caused the food poisoning, we will be able to narrow down the kind of food that caused the food poisoning. In most cases, we can then isolate the time and place when that food was consumed, eliminating any arguments by the Defendant that they were not responsible for the product in question.
Foreign Objects in Your Food
Yet another claim for damages arises when someone finds a foreign object in his meal. All too often, we receive calls from people who tell us they purchased food at restaurants, including fast-food restaurants, as well as packaged products at supermarkets, containing shards of glass, wood chips, metal fragments, and other foreign objects.
Other clients have surprised us and shocked us over the years, bringing us bandage strips they found in their tuna fish cans, large dead roaches they found in their soup cans, and ground glass in their mayonnaise jars. These cases are revolting, and whether one is injured physically or psychologically, there may be a right to damages.
At the Law Offices of Mark S. Guralnick, we combine more than 30 years of investigative expertise, forensic knowledge and legal training to build your food poisoning case. Please contact us today.