Food poisoning is unfortunately common, with approximately 1 in 8 people in Canada getting sick each year due to contaminated food. Food-borne illnesses can lead to a variety of severe symptoms, some of which can even be life threatening. In light of the recent E. Coli outbreak in Calgary, this blog will look at when a bout of food poisoning can lead to a potential personal injury claim.
What factors are considered as part of a food poisoning case?
There are several factors to consider in determining if you might have a personal injury case as a result of food poisoning.
One factor to consider would be the cause of the food poisoning. In order to pursue a claim, you will need to understand the source of your illness. If you do not know what caused your illness, you will not know who to sue for the damages caused. Further, even if you can prove the source of the food poisoning, you will need to also prove that your illness was a result of some type of negligent conduct (ex. allowing cross-contamination to occur in a restaurant kitchen).
Another factor to consider would be the severity of your symptoms and the damage resulting from the food poisoning. Some cases of food poisoning will result in only mild symptoms, whereas others can lead to hospital stays, and even death. In order to be entitled to compensation, you must have suffered actual measurable damages as a result of the illness.
What kind of compensation might I be entitled to as a result of food poisoning?
Some examples of compensation you might be entitled to as part of your claim include:
- General damages as a result of the pain and suffering endured due to your illness
- Lost income as a result of missing work due to your illness
- Costs of seeking medical care as a result of your illness
If you have fallen ill with food poisoning, you may want to speak with an experienced personal injury lawyer, who will be able to look at the facts of your specific case and provide advice regarding any potential personal injury claim you might have.