If you suffered from food poisoning after eating at a restaurant in Minnesota or after buying food at a grocery supermarket, you could receive compensation from those responsible for your illness. Any restaurant or food service facility in the state has a legal obligation to sell safe food, and that includes supermarkets, food processing plants, and other establishments that process, serve, or sell food.
Even a mild case of food poisoning can disrupt your life and lead to medical bills, time off from work, and other economic losses. A severe case of food poisoning can require hospitalization and extensive medical treatment, and in some cases, victims, especially children, die from food-borne illnesses.
To recover compensation under Minnesota’s complicated laws regarding food poisoning claims, however, you need an experienced Minnesota food poisoning lawyer to prove that someone sold you tainted food that made you sick and left you with damages, including pain and suffering.
Nicolet Law Accident & Injury Lawyers Minnesota food poisoning attorneys are here to assist you. We can sit with you and discuss your rights and options for obtaining compensation, and we will work hard to help you get all you deserve.
- How We Can Help You
- What Is Food Poisoning?
- Symptoms of Food Poisoning
- Can I Sue a Restaurant, Grocery Store, or Food Production Facility?
- How Do I Prove Who Caused My Food Poisoning?
- How Do I File a Food Poisoning Claim or Lawsuit?
- What Compensation Can I Receive From a Food Poisoning Claim?
- Our Experienced Minnesota Food Poisoning Lawyers Are Here for You
- Hibbing Office
How We Can Help You
Nicolet Law Accident & Injury Lawyers have received recognition as one of the best injury law firms in the Midwest.
We have served clients throughout Minnesota for more than 15 years, and we have law offices in many Minnesota locations, including:
Our lawyers have recovered more than $55 million in total compensation for our clients including:
- $2.8 million for people sickened by a single prepackaged produce outbreak
- $2.64 million for those sickened by prepackaged produce in a single outbreak
- $1,093,500 for individuals sickened by contaminated produce a restaurant served
- $800,000 for a man who developed gastrointestinal problems from Salmonella
- $625,000 for the family of an elderly woman who got sick from food poisoning
As you can see, our lawyers have extensive knowledge of Minnesota’s food poisoning laws. We can provide the highest level of representation for your food poisoning claim, building the strongest case possible and fighting hard for your rights and future.
To speak with us about your food poisoning case at no cost, you can contact Nicolet Law Accident & Injury Lawyers for your free consultation.
What Is Food Poisoning?
Food poisoning results from consuming food tainted with harmful bacteria and pathogens. The Centers for Disease Control and Prevention (CDC) estimates that food-borne illnesses affect around 48 million people each year, with 128,000 victims requiring hospitalization and 3,000 victims dying because of their illness.
Some common germs and pathogens that cause food poisoning include:
- Hepatitis A
- E. Coli
Food poisoning and food-borne illnesses can lead to:
- Nerve damage
- Gastrointestinal issues, such as irritable bowel syndrome
- Pregnancy complications, including pre-term births and miscarriages
Food poisoning can come from consuming any contaminated food or drink, but some of the most common foods associated with food poisoning or food-borne illnesses include:
- Raw or undercooked meat, such as beef, chicken, turkey, and pork
- Seafood and raw shellfish, like oysters
- Fruits and vegetables, including sprouts, lettuce, and other leafy greens
- Raw or unpasturized milk and cheese
Food contamination can come from many sources or during any stage of food production and delivery. Food contamination can occur during harvesting, slaughter, transportion, or shipping. Contamination can occur due to improper storing and handling of food, and from improper food preparation or serving. Additionally, cross-contamination can occur if safe food comes in contact with tainted food in the kitchen or food preparation areas.
Legally, however, the cause of your illness doesn’t matter. Food companies, whether supermarkets, processing plants, or restaurants have an obligation to sell you reasonably safe food. If they don’t, we can hold them liable for you.
Symptoms of Food Poisoning
Depending on the pathogens in the food, you can suffer from:
- Bloody stool
- Stomach cramps and pain
- Weakness and lethargy
- Excessive thirst
- Thinking and memory issues
- Numbness or tingling in your extremities
You can also experience other symptoms, and if you notice anything out of the ordinary after consuming tainted food, get medical attention right away. Some food-borne illnesses may not present symptoms at first, or the symptoms may worsen over time. Go to the doctor or hospital immediately if you notice any symptoms of food poisoning.
Can I Sue a Restaurant, Grocery Store, or Food Production Facility?
If you suffered food poisoning or a food-borne illness at any restaurant, food stand, grocery supermarket, or any other food service facility in Minnesota, call our experienced food poisoning lawyers as soon as possible.
Minnesota requires all restaurants and food service facilities to follow safe food handling and preparation procedures. However, some establishments may ignore the rules or not adequately train their employees on proper techniques.
Also, food workers may carelessly handle or prepare food or disregard the requirements altogether. The Minnesota Department of Agriculture inspects food production facilities, and they can revoke a business license or impose other penalties for safety violations.
Some common violations of safe food prep and handling requirements include:
- Restaurant employees not washing their hands after visiting the restroom or conducting other activities that could lead to contamination
- Employees not properly cleaning and sanitizing food prep surfaces, workstations, cooking vessels, and utensils
- Cross-contamination due to improper handling or processing
- Restaurants serving expired food
- Restaurants or facilities not storing or shipping their food properly
- Chefs not cooking the food thoroughly
- Employees mishandling the food
- Sick employees sneezing or coughing on the food
- Employees tainting the food intentionally
Ultimately, however, we don’t need to prove the restaurant, store, or processing plant violated any health codes—every case is different, but generally speaking, under the doctrine of strict product liability, we only need to prove that someone sold you unreasonably unsafe food, it made you sick, and you suffered damages.
Call us to review your case, determine the source of your food poisoning, and present your options.
How Do I Prove Who Caused My Food Poisoning?
Call Nicolet Law Accident & Injury Lawyers. We can investigate your case to discover the source of your food poisoning.
We can collect documentation to show you suffered a food-borne illness, including:
- Your medical records
- Your medical bills and treatment costs
- Your lab and diagnostic test results
- Physician testimony and doctor’s notes regarding your illness and its cause
- Your health department and/or CDC records
Your attorney may also collect receipts for co-pays and deductibles and other related out-of-pocket expenses to include with your claim.
Establishing a link between your illness and the restaurant or establishment that served, sold, or gave you the food can present enormous challenges that our lawyers know how to overcome.
Our lawyers can look for every factor to prove who caused your injury, and they may do so by:
- Reviewing food safety plans and operating procedures
- Determining if the establishment ignored food recalls or alerts
- Conducting research to determine if the establishment has a history of food poisoning claims
- Researching the establishment’s cleanliness rating and safety score
- Reviewing the establishment’s safety and health records
- Interviewing others who got food poisoning from the same establishment or have important information about the matter
Your attorney may also contact industry and medical experts to testify as to the probable cause of your food poisoning and how the facility caused it.
How Do I File a Food Poisoning Claim or Lawsuit?
Let us do that for you.
Most restaurants and food-related businesses have insurance to cover liability claims. Our lawyers might first file a claim with the establishment’s insurance company to get the benefits you need. If the establishment does not have insurance or their policy will not cover your illness, you will have to take them to court and sue for the compensation you deserve.
When we submit your claim to the company or its insurance carrier, we may also file a lawsuit in civil court. This gets your case on the docket if you have to go to trial, and it will show the food producer, store, or restaurant you mean business.
In Minnesota, you have a limited time to file a lawsuit against the restaurant or facility that caused your food poisoning, or a wrongful death lawsuit on behalf of a loved one.
What Compensation Can I Receive From a Food Poisoning Claim?
Minnesota allows parties injured by others to receive both economic and non-economic damages.
Economic damages refer to tangible and financial losses you incurred, such as:
- Medical expenses, including prescription medications
- Therapy costs
- Lost income
- Related travel costs and other out-of-pocket expenses
Non-economic damages refer to the intangible losses you suffered, and you can receive compensation for the ongoing pain and suffering your illness will cause, such as:
- Loss of enjoyment of life
- Loss of consortium
- Mental or emotional distress
In some cases, courts may also award punitive damages to victims. However, the court only awards punitive damages at its discretion and usually only in cases of egregious misconduct, negligence, or unlawful activity.
Our Experienced Minnesota Food Poisoning Lawyers Are Here for You
You shouldn’t have to suffer any more than you already have, and you shouldn’t incur the costs of treatment for an illness that was entirely preventable. You have the right to pursue compensation for your losses, but you will need an experienced Minnesota food poisoning lawyer for help.
The attorneys at Nicolet Law Accident & Injury Lawyers will review your case, investigate the matter, and collect as much evidence as possible to establish the restaurant or retail establishment’s liability for your food-borne illness. We will fight hard for you each step of the way to increase your chances of getting the favorable outcomes you deserve. Reach out to a Minnesota personal injury lawyer. Contact us today at (612) 446-3999 or online for your free consultation.