Food Poisoning

Food poisoning—any illness or disease that results from eating contaminated food—affects millions of Americans each year. While the American food supply is among the safest in the world, the federal government estimates that there are about 48 million cases of foodborne illness annually—the equivalent of sickening 1 in 6 Americans each year. And each year these illnesses result in an estimated 128,000 hospitalizations and 3,000 deaths.

Causes of Food Poisoning

• Bacteria and Viruses: Bacteria and viruses are the most common cause of food poisoning. The symptoms and severity of food poisoning vary, depending on which bacteria or virus has contaminated the food.

• Parasites: Parasites are organisms that derive nourishment and protection from other living organisms known as hosts. In the United States, the most common foodborne parasites are protozoa, roundworms, and tapeworms.

• Molds, Toxins, and Contaminants: Most food poisoning is caused by bacteria, viruses, and parasites rather than toxic substances in the food. But some cases of food poisoning can be linked to either natural toxins or added chemical toxins.

• Allergens: Food allergy is an abnormal response to a food triggered by your body's immune system. Some foods, such as nuts, milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans can cause allergic reactions in people with food allergies.

Symptoms of Food Poisoning

Symptoms may range from mild to severe and differ depending on the germ you swallowed. The most common symptoms of food poisoning include:

• Upset stomach

• Stomach cramps

• Nausea

• Vomiting

• Diarrhea

• Fever

• Dehydration

Serious long-term effects associated with several common types of food poisoning include:

• Kidney failure

• Chronic arthritis

• Brain and nerve damage

• Death

People at Increased Risk

Certain groups of people are more susceptible to foodborne illness. This means that they are more likely to get sick from contaminated food and, if they do get sick, the effects are much more serious. These groups include:

• Pregnant women

• Children younger than 5 years

• Adults age 65 and older

• People whose immune systems are weakened due to illness or medical treatment

Restaurant Liability for Food Poisoning

A restaurant may have liability (legal responsibility) for negligence in serving a customer a defective food product that causes food poisoning illness in the customer.

One of the biggest challenges for a customer who believes they got food poisoning at a certain restaurant is proving the legal element of causation—that the restaurant’s food caused the illness, and not food from another source (home or another restaurant)—or that the illness was caused by food at all, rather than another bacteria, virus, or contaminant.

Liability claims against a restaurant for food poisoning may be based on negligence, product liability, or breach of implied warranty theories, but the severity of the illness and the amount of damages that can be proven—medical bills, lost wages, pain and suffering, emotional distress, serious bodily injury, or death—often determine whether legal action is warranted.

In Georgia, food poisoning cases are governed by state statutes and federal law. If a person becomes ill from food poisoning due to contaminated food, they may have a legal claim against the party responsible for serving or selling the food. This could include restaurants, grocery stores, or food manufacturers. The liability of these entities can be based on negligence, product liability, or breach of implied warranty. To establish negligence, the claimant must prove that the establishment owed a duty of care, breached that duty, and caused the illness. Product liability may involve showing that the food product was defective or unreasonably dangerous. A breach of implied warranty claim relies on the premise that the food did not meet the reasonable expectations of the consumer. However, one of the main challenges in these cases is proving causation, meaning that the specific food from the defendant caused the illness. Claimants must also demonstrate the extent of their damages, which can include medical expenses, lost wages, pain and suffering, and in severe cases, long-term health consequences or death. It's important for individuals who have suffered from food poisoning and are considering legal action to consult with an attorney to understand their rights and the complexities involved in such cases.