Food Poisoning and Food Contamination Lawsuits in Arizona
Posted on behalf of Phillips Law Group on Jan 08, 2011 in Local
Of all of the vendors that the people of Arizona trust explicitly, perhaps none are more trusted than those who sell us our food. This is somewhat strange when one considers the fact that few if any of us actually know the people who feed us. However, when someone is made ill as a result of eating tainted food and we suffer from food poisoning, there are situations where an Arizona personal injury lawsuit could be filed. This step should only be taken with the help of Arizona food poisoning lawyers, and below is an overview of this issue.
Arizona Food Poisoning and Contamination - Negligence & Liability
One possible way to hold someone liable for food poisoning is by way of proving negligence. Negligence can be proven when an injured plaintiff shows that those who were handling the food that was sold and eaten should have been properly inspected or handled and it wasn't, and this improper handling of the food is what led to the illness. It should also be shown to the court that the person who ate the food did not misuse it, did not allow it to spoil and did not alter it to the point where it was no longer similar to what was purchased.
In addition to a negligence theory, those who have been made ill could hold those responsible for this illness accountable under a theory of products liability. Under this type of claim, the plaintiff will need to prove that the food was mishandled somehow or that it was tainted and/or defective at the time it was placed into the market stream. Therefore, while this theory can be more difficult to prove in court, the plaintiff could name everyone in the chain of distribution from the farm to the table as defendants.
Phoenix Food Poisoning Lawsuit Attorneys
Perhaps the most difficult aspect of these situations is proving that the food in question is what made someone ill. This is true even if the person can pinpoint the food that was responsible for the illness. If you or someone you love has suffered in this manner, you need to seek the help of a personal injury lawyer who has successfully handled these cases in the past. Contact Phillips Law Group today to schedule a free initial consultation.