Foodborne Illness Lawsuits: What You Need to Know

Food-1024x1024Foodborne Illness Lawsuits: What You Need to Know

Whether you eat at a restaurant or prepare meals at home, you expect the food ingredients to be safe. The last thing you want is for you and your loved ones to get sickened due to unsafe food. Foodborne illnesses are actually quite common. According to the Centers for Disease Control and Prevention (CDC), an estimated 48 million people a year in the United States get sickened due to foodborne illnesses.

That works out to about one in six people. Of that number, about 128,000 are hospitalized, and about 3,000 people die from foodborne illnesses. If you suffer serious harm or a loved one dies due to a foodborne illness, the negligent party may be held responsible. It is important to speak with a personal injury attorney as soon as possible to find out if you can make a claim.


Food Recalls

When a manufacturer finds out that their product is defective, they should issue a recall immediately. Often, the recall is too late because many people have already purchased and consumed the food. One of the most common recalls is due to improper packaging that does not include the correct ingredients, such as nuts. This can cause severe allergic reactions to those who are allergic to the item. There are recalls for other reasons, such as non-food pieces found in processed foods.


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Recent recalls were for contaminated spinach, which was sold in seven states, including North Carolina. The spinach was possibly contaminated with listeria. Listeria (listeriosis) is a serious bacteria that can cause a serious infection. It is most severe in pregnant women, newborns, the elderly, and those with compromised immune systems. Listeria is sometimes a problem with other types of fresh produce.




Norovirus is a virus that causes acute gastroenteritis and is spread through food and drink very readily. The symptoms of norovirus may include diarrhea and vomiting. It is also sometimes called food poisoning. The CDC reports that there are more than 21 million cases of norovirus in the United States every year. About 450,000 end up in the emergency room as a result. Norovirus can spread quickly in close quarters such as restaurants and daycare facilities. A recent norovirus outbreak of more than two dozen people was traced back to a sushi restaurant in Wake County, North Carolina.


What to Do About a Foodborne Illness

The first thing to do if you have a foodborne illness is to seek medical attention. You will want to determine the cause of the illness. You should report the illness to the authorities. Typically, that means calling your local county communicable disease hotline. Local health departments coordinate with the North Carolina Department of Health and Human Services. They will investigate outbreaks and contact those who may have been exposed. If you were seriously injured or a loved one died as a result of a foodborne illness, you may be entitled to compensation from the negligent party.


If you are the victim of a foodborne illness, we may be able to help. Reach out to our legal team today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.







The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.



Listeria (Listeriosis) | Listeria | CDC

Foodborne Illnesses and Outbreaks (


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