Food poisoning happens. While it may be the last thing you expect to get after a night out, it’s something that impacts the lives of thousands of New Yorkers every year.
The question is: What, if anything, can you do about when it happens to you?
If food poisoning strikes, you have rights. Here’s what you need to know about food poisoning and how to hold someone responsible for damages after making you or your loved one sick.
Food Poisoning: What Is It?
Illnesses that develop after eating or drinking foods that have been contaminated are referred to as food poisoning. It can be caused by a variety of things, from bacteria to parasites. The contamination can also occur at any point, from when the food is harvested to when it it’s prepared and served to you.
The most common causes of food poisoning in New York are:
- Food being stored at inappropriate temperatures
- Cross-contamination during food preparation
- Foods that haven’t been heated to the correct temperature to kill organisms that could be potentially harmful
Foods that are contaminated can occur as a result of negligence. And, when someone is negligent, then it may be possible to hold them financially responsible for making another person ill.
New York Liability for Food Poisoning
The New York Department of Health reports that thousands of people get food poisoning every year. The law in the state allows for victims to possibly recover compensation for food poisoning if the food was mishandled and caused illness. This can include anyone along the way, from the farmers who grew and harvested the food to food manufacturers – to restaurant employees and owners.
Damages For Food Poisoning
For those who have been laid low by food poisoning in New York, compensation may be an option for the injuries, suffering, and pain caused by the food. An experienced attorney can help you recover damages related to:
- Medical treatment or hospitalization
- Lost income while you were ill
- Disability, which can be caused by severe food poisoning
- Emotional distress
- Pain and suffering
Liability can be determined by determining what caused the food poisoning and where in the process the contamination occurred.
This may go beyond the restaurant where you ate the dish. It could be the fault of wholesalers, handlers, distributors, or a variety of others who played a part in the food chain. An investigation by an experienced law firm can help to determine where the contamination took place. They can help get your case started so you can recover damages.
Is There a Statute of Limitations?
There are two potential ways to recover damages from food poisoning in New York. The first route is to file a claim for benefits from the insurance company of the party who is determined to be at fault. When someone explores this route to recover damages, it’s crucial to act fast. Many insurance companies require claims to be submitted in what they deem to be a reasonable amount of time. That can vary based on the individual insurance company involved in the case. It’s a factor that an attorney can help you explore.
The other route that can be taken is a personal injury lawsuit. In New York, you must file these types of lawsuits within three years of the date of the injury. If you miss this deadline, then you may be unable to recover any type of damages. In either case, you should act as quickly as possible to ensure you get the compensation you deserve.
If you are a victim of food poisoning, you don’t have to simply get over it. Severe food poisoning can cost you time and money. So explore your options to ensure you get compensated for an illness that wasn’t your fault.