Legal Aspects of Food Poisoning Claims in Texas Restaurants

Foodborne illnesses are extremely prevalent in Texas. Food prepared in an unhygienic environment or improperly stored (especially in the Texas summer heat) can foster the rapid growth of bacteria. Food or beverages that are contaminated with hazardous substances, contaminated water, or animal refuse can also lead to severe cases of food poisoning.

Several prevalent instances of food poisoning have been associated with a variety of contaminated foods and ingredients, including meat and poultry, fruits and vegetables, produce, and defrosted or refrozen foods. However, individuals who contract food poisoning at a store, restaurant, or other commercial establishment in Texas may be entitled to seek legal action and compensation for the harm caused by the offending business.

The evidence needed to prove food poisoning cases may be challenging to collect and establish due to the circumstances surrounding these incidents. For instance, it is difficult to determine who was at fault for the contamination—the restaurant or the supplier could be liable. To ensure that you can secure the maximum possible compensation, you must contact an experienced attorney. As one of Dallas’s most experienced personal injury law firms, the Rasansky Law Firm will handle your case with professionalism, persistence, and in your best interests when you've suffered damages due to foodborne illness.

What is Food Poisoning?

Food poisoning is classified as a foodborne illness that occurs when the affected individuals have consumed something contaminated with pathogens or other contaminants. Serious complications or illness may occur in certain instances of food poisoning.

Viruses or bacteria usually contaminate food, and typical vectors or agents causing illness include Campylobacter (the most common cause of food contamination), Salmonella bacterium, Escherichia coli (E. coli), Listeria, and norovirus.

The most common symptoms that indicate the occurrence of food poisoning include, but are not limited to, the following:

• Unusual feelings of anxiety
• Diarrhea and vomiting
• Abdominal discomfort and related cramps
• Bloody stool
• Fever

Most of these symptoms manifest within a few hours of consuming the contaminated food. Thankfully, the majority of affected individuals recover without treatment within a few days.

Symptoms of Severe Food Poisoning

Conversely, symptoms can manifest for several weeks in some individuals and may even impact the nervous system. Potentially severe symptoms may include:

• Limb-related paralysis
• A tingling or an inert sensation in the limbs or throughout the body
• Inability to eat
• Weakness or malaise
• Persistent headache and joint aches
• Blurry vision
• Other migraine-like symptoms, such as aura 

You must seek medical attention immediately if you suffer any of these latter symptoms.

Evidence to Prove Food Poisoning in Texas

Effectively proving that you suffered food poisoning from the allegedly contaminated food can be challenging because similar symptoms can occur in general gastrointestinal viruses and related medical issues. Thus, seeking quick medical attention and legal counsel for assistance with your claim is critical if you suspect food poisoning. An accomplished attorney can assist in the identification of evidence that will support your claim and the aforementioned legal elements.

Depending on the specific circumstances, the following types of evidence can help prove that you suffered food poisoning:

• Medical records: Your medical records may detail your symptoms and the time at which you commenced medical treatment after ingesting the food or beverage you suspect caused the poisoning.
• Physical evidence: You might have restaurant takeout and leftovers, or be able to identify a specific dish you ate that a laboratory could analyze.
• Biologic samples: Blood, fluid, and stool samples can indicate that you have consumed contaminated food or liquid, according to medical tests. Your medical providers can provide this information to your legal team, who will then incorporate it into a possible claim.
• Healthcare expenses: Medical expenses can serve as evidence of the precise cost of the illness and medical injury you experienced due to the food poisoning.

In addition, victims occasionally contract food poisoning or associated illnesses in the event of an outbreak, and any notifications from the Centers for Disease Control (CDC) of such an outbreak of foodborne illness or contaminants (like listeria, for example) can qualify as evidence.

If a restaurant is responsible for your illness, your attorney will request food service records, personnel records, and other documentation that demonstrate the defendant (the restaurant, in this case) failed to meet its duty of care and neglected to implement proper or reasonable safety measures that could have prevented the contamination.

Because the state of Texas is a fault state, the above evidence can help prove your personal injury claim and show that this lack of care proximately caused your illness and concomitant damages. The merits and potential success of filing a food poisoning lawsuit are contingent upon the specific circumstances of your case. But regardless of the events surrounding your poisoning, seeking preliminary legal counsel is worth your time if you've sustained injuries or severe illness related to contaminated food served by a restaurant or other entity responsible for ensuring food safety.

Contact a Dallas Personal Injury Attorney For Food Poisoning

In the aftermath of a serious foodborne illness, you should not hesitate to reach out to a Dallas personal injury attorney due to the legal intricacies involved in Texas injury claims and the necessity for competent counsel to build a successful case. The good news is that you and your family may be entitled to compensation to help ease the burden of anticipated expenses, even if you believe you are unable to prove who caused your illness. Throughout Texas and the greater Dallas region, our team at the Rasansky Law Firm has been helping victims of injury and illness caused by negligent and reckless parties for more than three decades.

In addition, our team of experienced and reputable lawyers provides reliable legal counsel to our clients at every stage of the claim procedure. Contact our Dallas personal injury attorneys immediately if you become sick from food poisoning and believe you may have a claim based on a restaurant's careless actions.

If you have any concerns regarding the circumstances of your potential claim and would like a free consultation with one of our lawyers, please call 214-651-6100. You and yours should not have to endure the complexities of the legal system on your own. Our qualified legal team will stop at nothing to gather the evidence you need to construct a strong, thorough claim for recompense.