Food poisoning is a major health problem that affects many people. However, if food poisoning is because of a restaurant’s negligence, they are eligible to pay you for the pain and suffering. It can have a serious effect on your health and can lead to hospitalizations. So, if your food poisoning is because of a restaurant’s negligence, you can file a personal injury lawsuit in Las Vegas.
Since Las Vegas is a popular tourist destination, it is why we see significant cases of food poisoning in the city. As per U.S. Food and Drug Administration (FDA), there are approximately 48 million cases relating to foodborne illness.
Can You File a Personal Injury Lawsuit in Las Vegas for Food Poisoning?
Yes, by getting the services of an attorney, you can file a claim against the following parties:
- The producer of the food products
- Retailer or the supplier of the food product
- Hotel or the restaurant you ate at
In addition, you can file a claim against anyone aware of the quality of the food, such as chefs, waiters, etc.
Factors to Consider When Filing for a Food Poisoning Lawsuit:
When it comes to filing a lawsuit, there are a few aspects you need to consider. The two main factors are negligence and product liability. Let’s get more insight into these factors:
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Negligence:
If you are filing a lawsuit against a restaurant, you need to prove that the restaurant knew about the fault. The restaurant showed negligence in acknowledging the product or the food’s contamination and by not disclosing it to you. As a result, it becomes the reason for your food poisoning.
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Product Liability:
If the restaurant used manufactured products and did not acknowledge the product’s faults, then the manufacturer can be held responsible for your food poising illness. There are a few components when it comes to proving product liability for your personal injury claim in Las Vegas:
- The food item’s defect is due to the manufacturing
- When leaving the manufacturer’s facility, the item was contaminated
- The usage of the food item resulted in the illness of the consumer
It is the responsibility of the food producers to ensure their food items are safe to consume. If they fail to do that and their product causes foodborne illness, they can be held liable for the product and responsible for your claim.
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Other Factors (Death and Negligence Per Se)
In addition to the two factors, the other aspects revolving around the food poisoning case are death and negligence per se. In the negligence per scenario, you will have to prove that the restaurant or the food producer is breaking a particular law. The law is in place to protect you, and the violation of this law led to your injuries.
The regulatory authorities, such as the Southern Nevada Health District (SNHD), have safety laws to protect the consumers. If the food-producing companies or restaurants violate these laws, they will be held accountable for their actions.
In case of wrongful death, the plaintiff needs to prove that the reason for the death is the consumption of the food item. The plaintiff can be a close relative of the victim.
Time Frame for Filing your Claim:
As per the State of Nevada, you have two years to file a lawsuit after your food poisoning illness. However, it can vary depending on the nature of the case or the parties’ part of the claim.
Nevertheless, if you fall sick after eating at a restaurant or by consuming a product, you must contact your attorney to file the claim.
Also, it is imperative to compile the evidence and relevant reports to support your claim. Your attorney can help you in getting the evidence, such as receipts, testimonials from witnesses, production records, etc.
Hire the Best Attorneys for Your Personal Injury Case in Las Vegas:
If you or your close ones have a foodborne illness, such as food poisoning due to consuming a food item, then you are eligible to get compensation. We are here to help you out with your personal injury lawsuit in Las Vegas. Hire the best lawyers at the Christian Morris Trial Attorneys for your claim.
We will deal with all the paperwork and documentation for you while you recover from your foodborne illness. Fill out our contact form or give us a call, and our representatives can answer all your queries. We are available round the clock.
