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Food Poisoning – Who Is Liable?


Summertime fun includes neighborhood activities, cook-outs, county fairs, and ‘Taste’ and ‘Fest’ events that provide an opportunity to enjoy new and unique foods prepared outside in the open-air. Even a hotdog is more fun and tastes better in these surroundings.

We trust food providers to use quality food ingredients along with properly storing and refrigerating them in a clean environment. Even so, sometimes these foods can have a negative impact on our digestive system. Sometimes a nasty case of food poisoning can occur. And, in some instances, the harm is severe enough to warrant medical treatment.

As a personal injury attorney, every day I am personally involved in fighting for those who are injured as a result of the recklessness and negligence of others. Physical injuries sustained from food poisoning and negligent food preparation are dangerous and can be life changing. Here’s what you should know.

What Is Food Poisoning?

Food poisoning is more than a passing stomach ache or sensitive stomach. Symptoms from consuming tainted or contaminated food may include nausea, cramping, fever, diarrhea, and vomiting. Reactions can also cause respiratory difficulties, weakness, and double vision. Most vulnerable are young children, elderly individuals, and those with allergies or compromised immune systems.

Usually food poisoning attacks resolve quickly with adequate treatment and rest. However, some cases lead to hospitalization, secondary complications, and, even death.

Responsibility of Food Providers.

Food providers are responsible for maintaining safety standards when sourcing, storing, and handling foods.  Bacteria, viruses, and parasites can contaminate almost all types of food including meats, produce, fruits, and juices. When poor storage and handling practices contribute to food poisoning, the food provider may face a liability claim.

Proving Liability.

Food poisoning legal claims are complex.  It may involve a strict product liability case where the food provider was negligent for serving defective food. Additionally, in certain cases, the provider may have breached a warranty. Many food poisoning cases are random and isolated situations the food provider could not anticipate or easily prevent. However, others represent a failure on the part of the provider to maintain a reasonable standard of care or negligence in their ingredient supply chain. In these situations, an experienced personal injury attorney should be consulted in considering your options for a personal injury lawsuit.

What You Can Do.

When food poisoning crosses the line from discomfort to serious illness, you have the right to act. Pursuing a claim can help you obtain fair compensation and keep other diners from also falling ill in the future. Fair compensation should include medical bills, lost income, out-of-pocket expenses, pain and suffering, and emotional distress.

An experienced personal injury attorney can assist in:

  • Documenting that you experienced food poisoning.
  • Identifying the food provider as serving a contaminated product.
  • Demonstrating that you experienced serious harm.

Connecting the food provider with illness is often the biggest hurdle in a food poisoning negligence claim. Experience law firms that understand food poisoning claims often utilize medical teams and epidemiologists who can isolate the pathogens involved and create a strong connection between a particular illness and the food serving experience.

We Help Victims.

The personal injury attorneys at Friend, Levinson & Turner Law are knowledgeable and expert in representing those who are victims of the negligence or carelessness of others. Claims for victims of food poisoning are complex and frequently multi-dimensional.

Insurance companies rely on professional adjusters to negotiate and fight accident claims. In order to deal with these professionals, you need a skilled personal injury attorney to protect your rights. We know your rights and the applicable laws. We are your advocates.

We are experts at negotiating with powerful insurance companies. Fifty years of experience counts.

The personal injury attorneys at Friend, Levinson & Turner Law make the legal process as stress free as possible. We focus on recovering compensation for you – while you concentrate on your physical and emotional recovery.

If you or a loved one is injured or a victim of an unsafe product or the negligence of others, please call my office at 312-346-8465 or contact us using the form below.

William J. Turner

William Turner has represented hundreds of working men and women who have been victims of the negligence of others – gaining equitable compensation for the medical expenses and pain and suffering for his clients. He concentrates his practice in the trial of complex personal injury cases, including car and truck accidents, construction mishaps, medical malpractice, dog and animal attacks, nursing home abuse, and slip-and-falls. Additionally, he offers niche counsel and advocacy for workers who are injured on a job.

William has obtained judgements from juries in approximately 150 cases and has secured fair and comprehensive settlements in even more over his career. William Turner has dedicated his professional life to fighting for the rights of those who are injured as a result of the negligent acts of others.

Favorable Outcomes.

Faster Settlements.

Equitable Reimbursements.


The law firm of Friend, Levinson & Turner provides people just like you with practical solutions and representation for their legal needs when faced with a serious personal injury.

We understand and respect the dignity of individuals. We listen, advise, represent and counsel.

We unburden people of the stressful legal matters so they can focus on healing and their recovery. Our client's well-being is our priority.

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