Food Recall

Food Recall Lawyers in Atlanta

Food borne illness happens when food is contaminated by microbes or pathogens. The Centers for Disease Control and Prevention (CDC), lists over 250 different types of food poisoning under four umbrella categories:

  • Bacteria
  • Viruses
  • Parasites
  • Toxins

The CDC estimates that there are 76 million occurrences of food borne illness each year in this country. Most go unreported. In addition, the CDC estimates that there are 400 to 500 food borne illness “outbreaks” each year. An outbreak is when many people become sick from a single food supplier, processor, or preparer. One famous case was the Jack in the Box E. coli outbreak of 1993. The outbreak, caused by undercooked beef patties, resulted in the death of four children and permanent injury to 178 other victims.

If you or a family member has become ill from food poisoning, you may be entitled to legal action. Because the link between a food source and an illness can be difficult to prove, it’s important to speak with an experienced Atlanta food poisoning attorney before filing a claim.

The Atlanta product liability attorneys at Mulholland & Sutlive, LLC would be happy to answer any questions you may have. Call them at (770) 350-2691 for a free consultation.

In order win a food poisoning claim, you must prove that the food you ingested was contaminated and that the contamination made you sick. Because there is usually time that passes between when the food was eaten and getting sick, it can be difficult to pinpoint exactly what made you sick. The most winnable cases involve food that has been confirmed to be contaminated by a federal agency, such as the CDC or the Food and Drug Administration (FDA).

The scenario usually plays out like this:

  • The government agency receives reports of a possible food related illness.
  • The agency inspects the facility where the food was picked, processed, prepared, etc.
  • If the agency finds a credible link between the food and the illness, they will demand a product recall.
  • The media and certain public websites will carry news of the recall. In Georgia, a good source of recall information is http://www.agr.georgia.gov/recalls.aspx

Unfortunately, even though a government agency has investigated and acted, there is often a window of a few days to a few weeks when the public may be exposed to the tainted food.

Product liability laws are very tricky. Depending on the state you live in and the circumstances surrounding your case, your claim may be argued under the following product liability theories:

  • Strict Product Liability – The plaintiff doesn’t have to prove that the defendant acted with negligence.
  • Negligence – The plaintiff has to prove the defendant “failed to exercise reasonable care.”
  • Intentional Misrepresentation or Fraud – The plaintiff can prove that the defendant knew of contamination or defect in a product and did nothing to fix it; or made misleading claims about the product.

As you can see, product liability law is very complicated, especially when it comes to claims of food borne illness. For this reason, it’s important that you secure competent, experienced legal representation. Mulholland & Sutlive, LLC, has handled many Georgia personal injury cases and won generous damages for our clients. Call us today at (770) 350-2691 for a free consultation. We will fight for you.

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