Food Poisoning Lawyer

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How do I know if I have Food Poisoning?

Food poisoning or Foodbourne Illness manifests itself in many ways. Common symptoms typically begin several hours to several days after consumption and depending on the agent involved, can include one or more of the following: nausea, abdominal pain, vomiting, diarrhea, gastroenteritis, fever, headache or fatigue.

Timing is important in any potential diagnosis of food poisoning. The delay between consumption of a contaminated food and appearance of the first symptoms of illness is called the incubation period. This ranges from hours to days, depending on the agent, and on how much was consumed. If symptoms occur within 1-6 hours after eating the food, it suggests that it is caused by a bacterial toxin or a chemical reaction rather than live bacterial infection.

What Should I do if I become ill as a result of a suspected foodbourne illness or food poisoning?

If your symptoms are severe, go to an emergency room immediately or seek medical care from your healthcare practitioner. As soon as possible contact your local health department and report the establishment that you suspect caused your illness. Encourage others with similar symptoms to do the same.

What is Food Poisoning under Texas Law?

Under Texas Law, in general terms, anyone who by his fault causes damage to another is bound to make it good. In the context of any alleged food poisoning case, a restaurant or establishment that prepares food is responsible for the injuries caused by its food. In most successful Texas food poisoning cases 3 things must be shown:

  1. Liability or Fault: that the restaurant, food seller, or food processor did something wrong with regard to food processing, preparation, storage, or handling.
  2. Causation: the fault of the seller or processor caused the food to become contaminated and that the contaminated food actually caused the illness.
  3. Damages: the harms and/or losses suffered by the victim as a result of consuming the contaminated food.

What type of evidence do I need to prove my Texas Food Poisoning Case?

In many cases, a thorough medical exam will be needed, including pathology and labs tests. Most importantly, following an investigation into the establishment that provided the suspect and/or tainted food, your local health department can become a key witness in your case. Lastly, other important evidence can be in the form of leftovers (that can be tested) from the eatery, or receipts showing you patronized the suspect establishment where the food was consumed.

If you feel you were exposed to bacteria or toxins by a food preparer or processor, call us now so we can seek justice in your case. Call (832) 259-9095 for a free evaluation of your case or use our Get Legal Help form now.

Message from a Texas Food Poisoning Attorney

The Center for Disease Control Reports that 76 million people per year are exposed to and become ill as a result of foodbourne illness or food poisoning. Our attorneys will work hard to ensure that you are justly compensated for your pain, suffering, lost income, disability, and medical expenses as a result of another’s negligence. You may have limited time to act. Contact us now at (832) 259-9095.

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Call now for a FREE consultation. The Law Office of Brian S. Laviage will fight to make sure your rights are competently represented.