Did a meal in Dallas, Texas, leave you with a serious illness? Food service and supplier businesses owe you food that is safe to eat. If you consumed contaminated food, you may have the right to pursue compensation for your medical bills, missed work, and suffering.
A Dallas food poisoning lawyer at Trujillo Gonzalez, P.C. can investigate where the contamination came from and who is responsible. Contact our firm at (972) 550-6818 for a free consultation.
Why Choose Trujillo Gonzalez, P.C. for a Food Poisoning Case in Dallas?
These cases depend on science, timing, and proof. You want attorneys who know how to build that proof and take on a food business and its insurer.
Dallas clients choose our Dallas premises liability lawyers because:
- We work to trace your illness back to the right party.
- Our founding attorney has taken 300+ cases to a verdict
- We serve English- and Spanish-speaking clients
- We have hundreds of years of combined experience handling personal injury and premises liability cases
- We have recovered +$275 million for injured clients
- Fees are contingent. You owe nothing unless we recover compensation for you.
Call today to speak with a personal injury lawyer in Dallas.
What Is Food Poisoning?
Food poisoning, also called foodborne illness, happens when you eat food contaminated with bacteria, viruses, parasites, or toxins. Common illnesses include:
- Salmonella connected to poultry, eggs, and produce
- E. coli that causes severe cramping, bloody diarrhea, and can lead to kidney failure
- Listeria from deli meats, hot dogs, unpasteurized soft cheeses, and smoked seafood.
- Norovirus through ready-to-eat foods handled by a sick worker and raw shellfish.
- Campylobacter from undercooked poultry and unpasteurized milk, and spreads by cross-contamination.
- Vibrio. Found in raw or undercooked oysters and other shellfish from warm coastal waters.
Food handlers are supposed to follow proper sanitation and storage protocols to help prevent contamination of foods and the spread of these illnesses to consumers.
What Are the Symptoms of Foodborne Illness?
Symptoms vary based on the type of illness, but many people experience:
- Nausea and vomiting
- Diarrhea, sometimes with blood
- Stomach cramps
- Fever and chills
- Dehydration and weakness
You should seek medical care right away if you have bloody stools, a high fever, signs of dehydration, or symptoms that do not improve. Tell your doctor what you ate and where so they know how to address your symptoms.
How Does Food Become Contaminated?
Contamination can happen at many points in the distribution and service process. Common causes include:
- Undercooked meat, poultry, or eggs
- Cross-contamination between raw and ready-to-eat foods
- Food held at unsafe temperatures
- Poor handwashing by food workers
- Employees working while sick
- Unsanitary kitchens or equipment
- Contaminated ingredients from a supplier or processor
Where the problem started often determines who is legally responsible for contamination and illnesses caused to consumers.
Who Can Be Held Liable for Food Poisoning?
Depending on the facts of your case, responsible parties may include:
- Restaurants and caterers
- Grocery stores and retailers
- Food manufacturers and processors
- Suppliers and distributors
Texas law allows several kinds of claims against these parties, including negligence, strict product liability, and breach of warranty. Which fits your case depends on how the food reached you. Your attorney will help you determine which causes of action offer the best chance of success for your case.
How Do You Prove a Food Poisoning Claim?
Proving a food poisoning claim can be complicated. Many people never learn what made them sick and may have difficulty connecting their illness to a food they consumed.
Evidence that can help includes:
- Stool or blood test results identifying the pathogen
- Medical records showing diagnosis and treatment
- Receipts, credit card statements, or reservations placed at the time and place
- Leftover food or packaging, if you saved it
- Health department inspection reports and outbreak investigations
- Reports from other people who got sick after eating the same food
- Product recall notices
A single case can be hard to prove. A cluster of cases centered around a specific defendant or area can make your claim stronger.
What Is a Food Poisoning Claim Worth?
Many people recover from food-based illness within days, but some illnesses cause lasting damage to the kidneys, nerves, and joints.
A food poisoning claim may include compensation for both economic and non-economic damages, depending on the illness’s severity and its impact on your life.
Economic damages cover the financial losses caused by the illness, including:
- Hospital stays, medications, and follow-up medical care
- Lost wages while sick or recovering
- Future medical expenses if long-term complications develop
Non-economic damages compensate for the physical and emotional impact of the illness, including:
- Physical pain and suffering
- Emotional distress, fear, and anxiety
- Loss of enjoyment of life due to ongoing health complications
Cases involving rare or severe infections usually carry greater value than mild illnesses that resolve quickly. Evidence of a business’s repeated violations can also affect the outcome.
How Long Do I Have to File a Food Poisoning Claim?
In Texas, most personal injury claims must be filed within two years. The deadline can be difficult to determine with delayed illnesses, so do not assume you have extra time. Contact a lawyer as soon as possible for help identifying and complying with the deadlines.
How Do Contingency Fees Work in Food Poisoning Cases?
Most food poisoning lawyers work on a contingency fee. You pay nothing upfront, and the attorney is paid only if you recover money through a settlement or verdict.
Food poisoning cases often involve out-of-pocket costs beyond the fee. These can include:
- Laboratory testing and medical record fees
- Expert witnesses, such as microbiologists or food safety specialists
- Court filing fees and deposition costs
Your attorney will usually advance these costs on your behalf and deduct them from your award at the end of your case.
We provide contingency fee arrangements in all personal injury cases. Reach out today to learn more about our fee types.
Contact a Dallas Food Poisoning Lawyer Today
You trusted someone to serve you safe food. If they failed, you should not carry the cost — they should. At Trujillo Gonzalez, P.C., we have the trial experience to challenge food businesses and their insurers. Contact our Dallas food poisoning lawyers today at (972) 550-6818 for a free consultation. You pay nothing unless we win.
