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Product liability claims involving food poisoning

Kentucky residents who have suffered from food poisoning may have a case for filing a personal injury claim. Food poisoning occurs when a person eats food that has been contaminated by a virus or bacteria, which could happen if it was not stored properly or was prepared with unclean hands or utensils.

Food poisoning symptoms may be apparent in about two to six hours after the contaminated food is eaten. The symptoms can last for as long as 48 hours and commonly include vomiting, fever, weakness and nausea. Dehydration may accompany food poisoning symptoms, so individuals affected by this illness are usually advised to drink a lot of fluids.

The majority of personal injury cases that concern a case of food poisoning are considered product liability claims. In these cases, the food that caused the plaintiff to become ill is thought of as a defective product. When the plaintiff purchased the defective product, the product resulted in the plaintiff suffering from injuries. Other food poisoning cases could be negligence or breach of warranty claims.

Although the effects of food poisoning make themselves very obvious, these claims may still be difficult to prove. When the illness is not immediately apparent after eating the food, pinpointing the exact cause of a person's illness could be hard. However, food poisoning cases where a large number of people were simultaneously affected by the same type of illness might be easier to prove. In that event, an individual may want to consult an attorney to determine whether or not they have a strong case for filing a product liability claim over food poisoning.

Source: FindLaw, "Food Poisoning and the Law", November 10, 2014

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