I recently had the chance to do an interesting interview regarding what you should do if you get food poisoning at a holiday gathering.
“It can be difficult to determine exactly what food or item caused the illness because of how much time can elapse between eating and becoming sick,” says Michael Mandell, founder of Mandell Law and the Number One attorney on social media. “But if there was a recall on a certain item that matches what the sick person ate, then the case is stronger with a better potential claim for compensation.”
Learn more in this interview.
If guests get food poisoning after a holiday or celebration gathering, can hosts be held liable?
The majority of us have grappled with food poisoning at one time or another. One in six Americans will get food poisoning each year. Common culprits include E. coli, Salmonella, Hepatitis A, Norovirus, Campylobacter, Vibrio, or Listeria.
Food poisoning cases typically fall under product liability claims. If you’ve fallen victim to an occurrence that would qualify for this cause of action, you consumed tainted food products.For example, if you became ill after dining at a holiday gathering, a case would likely involve a claim of negligence against the host or whoever prepared the meal.
Can hosts be held liable? The best answer is: sometimes. Depending on where an incident occurred it can be difficult to track down the source of the illness. Occasionally, it takes time for the symptoms of food poisoning to manifest. Successful lawsuits require that you can clearly identify the origin of your illness or show that the hosts’ negligence caused the food poisoning. If multiple parties were struck with the same symptoms at the same event or location at which you were present and ate, it will enhance your chances of illustrating to a court that negligence occurred. Quickly consulting a medical doctor y to determine the cause of illness usually serves as a crucial component in such matters.
You should also ask yourself if the situation is serious enough to warrant a lawsuit. If the incident has resulted in costly medical bills, and significant physical harm, filing a complaint may be your best course of action. If your symptoms were mild or you did not consult a physician and receive a diagnosis, it’s less likely you will prevail and, moreover, the expense and effort will probably not produce a positive result for you..
If the food was catered or brought in from a restaurant, then who is liable?
If the food is served in someone’s home, liability for the safety of the food is the responsibility of the hosts. This remains true even if caterers brought in the food or it was obtained from a restaurant.
What do hosts need to consider when thinking about food poisoning and liability?
Hosts need to do their due diligence when serving food, whether it was prepared in their home or off-site and brought in, they remain accountable. Food poisoning typically happens when a food is not prepared correctly, has spoiled because of improper storage or was stored correctly, but beyond a time frame that the server knows or should know exceeds official recommendations l, is contaminated (including cross contamination) or is kept at the wrong temperature. Perishable products, like cheeses or meat, should not be left out for hours at a time. Cold foods need to be preserved at a standard refrigerated temperature of 40 degrees Fahrenheit. All Ingredients involved in preparation should also be thoroughly rinsed to eliminate bacteria, pesticides and any other potentially toxic substance.
How do liability issues for hosts vary from state to state?
Liability issues differ from state to state. Whether one can sue for food poisoning and hold a party host liable depends on the particular state’s product liability laws. Most states provide avenues of recourse, but you should consult a licensed attorney who practices in this area and can represent you in the jurisdiction where the incident occured.
Michael L. Mandell is the #1 lawyer on social media with over 6 million followers due to the popularity of his legal tips and entertaining posts. Mandell is an attorney based out of Los Angeles, California with an undergraduate degree from the University of Southern California and a law degree from Duke University which was recently ranked the top law school on the planet. In addition to his successful following, Mandell practices in a variety of legal areas, specifically in personal injury and criminal law. Mandell has concentrated his talents on redefining the justice process and propelling his profession into the 21st century. Michael and his team at Mandell Law rely on a bespoke, people-first approach to maximize award outcome success and client satisfaction.
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