Is It Possible To Claim Food Poisoning As A Personal Injury?
If you became ill after eating food that you bought from a grocery store, or after eating food that was served to you at a restaurant, you may be able to sue for a personal injury.
A can of food that you buy at the store doesn't have a warranty included with it, but there's an implied warranty. The manufacturer of that food product implies that the food is safe to eat. If it isn't, he can be held liable for damages.
It isn't a good idea for you to try to sue a food manufacturer on your own; you should seek the counsel of a personal injury lawyer. There are many different factors involved, and a personal injury lawyer can help you evaluate them. Was malice a factor? Did someone willfully and maliciously poison your food? These are some of the questions that an injury law office may ask of the case. You don't have to prove malice in a personal injury lawsuit; you only have to prove that the maker of the food was negligent. It is not necessary to prove that the maker of the product had any malicious motive; the food they sold to you may have been harmful due to their own negligence.
A personal injury lawyer would be helpful in investigating the defendant, in order to find out if they had been cited for health code violations in the past. Suppose their food factory had been ordered to pay fines by the health department on one or more occasions? Do you think you could find out something like that yourself? The answer is most likely, no. A lawyer could help you find information like health department reports, because these reports may be mentioned during the court case, to show the judge that the maker of the product was negligent in maintaining safe and sanitary conditions in the factory.
So the end answer here is that it is definitely possible to claim food poisoning as a personal injury. And a lawyer is absolutely necessary to helping you build a case that leaves no doubt that you were injured by a food product.