You expect that food and beverages purchased at a restaurant or grocery store will be safe for consumption—after all, the food and beverage industry has multiple protocols in place to help keep consumers safe. Unfortunately, outbreaks of food poisoning can still pop up, including E. coli infections.
Even though most cases of E. coli can be relatively easily treated with antibiotics, some individuals can experience life-threatening complications. You may even be able to recover compensation for your E. Coli infection. However, proving fault in Phoenix E. coli claims can be tricky.
What Constitutes Being “At Fault” in an E Coli Claim?
Chances are, you have a general understanding of fault; the concept refers to the idea that an individual’s carelessness or recklessness is at least partially responsible for the injuries and other damages you sustain.
To file an E. coli claim you must first prove fault, also known as negligence. E. coli claims fall under personal injury law guidelines, and negligence is the cornerstone of every case. If you can’t show that the at-fault party is negligent, you usually can’t proceed with an injury claim. So, how do you prove negligence?
To show fault or negligence, you must prove four crucial elements, duty of care, breach of duty, causation, and damages.
Duty of Care
Everyone owes others a duty of care, which means acting in a way that doesn’t place others at risk. All drivers owe other motorists a duty of care to follow all traffic laws. Food and beverage suppliers and manufacturers owe consumers a duty of care to only provide safe, uncontaminated products.
While the duty of care often varies depending on the scenario, the basic meaning remains the same regardless of the type of personal injury claim.
Breach of Duty
When the at-fault party breaches their duty of care, it means their actions aren’t considered those of a normal person. Yes, what you consider normal behavior may differ from someone else but this element focuses on what society considers rational.
If you’re feeling a little confused, here’s an example. If a driver runs a red light, this is considered a breach of their duty of care. Normally, drivers come to a stop when a traffic light turns red.
A breach of duty in an E. coli claim can be if a retailer knowingly supplies tainted food to their customers. Failing to pull suspected tainted food items from the shelves or menu can also be seen as a breach of duty of care.
Causation
This element of negligence is usually a little easier to prove, since you’re showing that consuming tainted food and/or beverages is the direct cause of your E. coli infection. This is usually accomplished with your medical records. Your medical files provide proof you tested positive for the bacterial infection and may even list possible contamination sources.
If you reported the E. coli incident to your local health department, their official report can also help establish the cause. Yes, sometimes, you need to report an E. coli infection to the health department, and this typically applies when multiple individuals come down with the infection or you’re having trouble tracking down the cause.
Damages
Your damages are the losses you suffered as a result of the bacterial infection. These damages must stem directly from the illness and typically include your medical costs. Your damages may also list lost wages. If your E. coli infection forces you to miss workdays, you may be able to recover some or all of your lost income.
coli damages aren’t limited to tangible losses like medical expenses. You may also be able to claim non-economic damages like pain, mental anguish, suffering, and even loss of life enjoyment.
However, since non-economic damages are intangible, meaning they don’t come with a handy price tag, calculating their value can be complicated. Your attorney can help you calculate your non-economic damages.
Who’s Liable in an E Coli Claim?
Sometimes, it’s relatively easy to determine who’s liable in an E. coli claim. Unfortunately, this doesn’t apply to most food poisoning claims.
An E. coli infection can take anywhere from three days to two weeks to start displaying signs and symptoms. You can consume a lot of meals and snacks in just a few days. Trying to track down the contaminated food can be a frustrating and time-consuming process.
As we noted earlier, your medical records can often help narrow down the possible at-fault party. Your E. coli test may be able to estimate when you came into contact with the bacteria.
If you can narrow down your possible infection date, it’s often easier to pinpoint what you ate. The health department can also be an invaluable resource when it comes to tracking down the origin of your E. coli infection.
So, who can be liable in an E. coli claim?
- A retailer can be liable for selling tainted food or beverages, which can include a grocery store, restaurant, or vendor at a farmer’s market.
- The manufacturer can be liable if the contamination occurs during production or packaging.
- A shipping company may be liable if the bacteria appears during transport.
Some E. coli claims even name the farmer or grower as the liable party. For example, if wastewater from livestock seeps into the fields, crops can become contaminated with the bacteria. If a farmer isn’t taking steps to ensure the safety of their harvest, they may be liable for your bacterial infection.
Seeking Compensation in Food Poisoning Claim
If you’re diagnosed with food poisoning like E. coli, you may be able to file a claim against the at-fault party to recover compensation. However, navigating the legal process is rarely a breeze. Even if you know precisely when and how the food-borne illness occurred, you still need to prove your claim.
Most liable parties will take steps to limit their fault, and they may even try to place the blame for your illness on your behavior. To help ensure you receive fair compensation for your damages, it’s usually best to work with an experienced personal injury attorney.
