How can I prove food poisoning if I already ate the food?

Proving you suffered food poisoning from a particular food can be a big challenge. Once eaten, there isn't physical evidence available. But this doesn't mean you don't have a case.

Establishing Liability When a Food Product Causes Illness

One issue that may arise is distinguishing between a common illness and food poisoning. It's important to get checked out by a doctor who can run appropriate types of tests to properly diagnose your illness.

Another issue is determining the source of illness. This is more difficult with a time delay between eating and becoming sick. It's hard to pinpoint which food was the direct cause. But when it affects larger groups of people, it may become much easier. Let's say there was an outbreak of food poisoning. A government agency may investigate and determine the source. Or in some cases the food manufacturer may issue a recall.

It's important to save anything that might help prove the food product was dangerous. Although you might have eaten it, the packaging it came in could be useful. If it was a packaged food and you have some remaining, save it. A government investigator may even ask for it. Otherwise, look for a receipt that shows you purchased the product believed to be the source of illness.

Seek Legal Advice When a Dangerous Food Product Causes Illness

Getting sick after eating something doesn't always mean it warrants pursuing legal action. But if it resulted in hospitalization and/or serious complications, this could warrant filing a product liability claim. Talking with an attorney will help you better understand your legal rights. An attorney can help determine potential liable parties, such as a manufacturer, retailer, or others.

Damages in a claim could address the medical costs incurred, wages lost while recovering and other losses. In a severe case that results in death, family may file a wrongful death claim. Call the Miley Legal Group in Clarksburg to review your case: 304-931-4088.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group