Restaurants have a legal obligation to provide safe and uncontaminated food to their customers. This duty of care includes safe food storage, preparation, and handling. These practices help ensure the food served is safe to eat. If a restaurant fails to meet these standards — whether due to negligent hygiene, improper cooking techniques, or cross-contamination — it can lead to serious illnesses or allergic reactions.
If a customer gets sick or has a fatal allergic reaction from eating contaminated food, the restaurant may be held legally responsible. In these cases, victims and their estates may pursue personal injury or wrongful death claims to seek compensation for medical expenses, lost wages, pain and suffering, and other related expenses.
With the help of an experienced Los Angeles personal injury attorney, you can successfully file a strong personal injury claim for food contamination. Here’s what you need to know.
What Classifies as Food Contamination?
Food contamination happens when harmful chemicals or conditions taint food, making it unsafe to eat. Contamination can happen at any stage of the food production, preparation, or storage process, and it is typically classified into three categories:
- Biological contamination. This involves food affected by bacteria, viruses, parasites, or fungi. Common examples include salmonella and E. coli, which can cause foodborne illnesses.
- Chemical contamination. This occurs when food comes into contact with toxic substances, like pesticides, cleaning agents, heavy metals, or naturally occurring toxins like those found in mushrooms.
- Physical contamination. This type of contamination refers to foreign objects that accidentally enter food, such as glass shards, pieces of plastic, hair, or bandaids.
Evidence Needed to Pursue a Personal Injury Case For Food Contamination
When pursuing a personal injury claim for food contamination, it is important to focus on the following elements:
- Duty of care. Show that the restaurant or food provider had a legal obligation to serve safe and edible food. Restaurants and food manufacturers are required to meet high standards to ensure their food is safe for human consumption.
- Breach of duty. Prove that the restaurant failed to uphold safety standards by using improper food-handling practices, violating health codes, or allowing cross-contamination. Inspection reports can serve as evidence to support a breach of duty.
- Causation. Establish a direct link between eating the contaminated food and your illness or injury. Medical records and expert testimonies could be helpful pieces of evidence in proving causation.
- Damages. Document the harm or losses you suffered, such as medical expenses, lost wages, or emotional distress, as a result of eating the contaminated food.
Under What Laws Can You Sue For Food Contamination?
Whether you are filing a lawsuit against a restaurant, cafe, retailer, food manufacturer, or distributor, there are several legal theories and laws under which you can file a claim.
- Product liability. Food is legally treated as a product, so you can bring a claim under product liability laws. These laws hold manufacturers, suppliers, and sellers liable for harm caused by defective or dangerous products. Examples of product liability laws include defects in design or manufacturing and failure to provide adequate warnings.
- Negligence. A negligence claim focuses on the actions (or inactions) of the restaurant, manufacturer, or food handler. You, alongside a personal injury lawyer in Los Angeles, must prove the defendant owed you a duty of care, breached this duty by acting negligently, and that this breach directly caused your illness or injury.
- Breach of warranty. This applies when the food fails to meet promised safety or quality standards. For example, perhaps the food was not safe to eat or did not match claims like being gluten-free or allergen-free.
Connect With the Best Personal Injury Lawyer – Los Angeles
If you were harmed by consuming contaminated food at a restaurant or from another food provider, you may be eligible to file a personal injury claim. Our personal injury attorneys in Los Angeles, CA are here to walk you through the legal process and collect all the evidence you need.
John J. Perlstein is known as the best wrongful death attorney in Los Angeles and has over 25 years of experience securing fair and just outcomes in personal injury and wrongful death cases. Call (213) 583-5786 or fill out the form for a free consultation with the top personal injury attorneys in Los Angeles.