The makers of consumer products have an obligation under the law to ensure their products are safe for customer use. This concept extends to the owners of food factories and food processing facilities, who must also ensure proper sanitation, storage, and transport so that their products reach consumers in a state fit for human consumption.

Similar concepts apply to the duty of restaurants in Virginia. If a restaurant was negligent in using unsafe products, failing to sanitize equipment properly, or in using improper food service methods, the owners might be liable for your resulting illness. A Charlottesville food poisoning lawyer may be able to help you if you fell ill after eating unsafe food. Call a skilled defective products attorney to pursue the negligent parties for the compensation you need to make things right.

Food Poisoning Cases as Examples of Product Liability

Food items you buy from a grocery store, butcher, or greengrocer are all consumer products in the eyes of the law. This means that the maker or grower of the products is responsible for producing items that are safe for human consumption.

However, the producer is not automatically liable if you contract food poisoning after eating the items. Commonwealth law requires plaintiffs in food poisoning cases to prove one of three things:

  • Product was not made properly
  • Product was improperly labeled or did not include proper instructions for safe use
  • There was a flaw in the design process

Food poisoning cases generally rely on proving errors in the manufacturing process that led to dangerous conditions. An experienced lawyer in Charlottesville could investigate a factory’s sanitizing and packaging process to help prove your food poisoning claim.

Restaurants Have a Duty to Protect Patrons

The Health Department creates regulations related to proper food service and sanitation for restaurants throughout Virginia. A restaurant’s failure to adhere to these regulations may indicate negligence and could make them liable for food poisoning cases.

Restaurant owners can fail in these obligations in a variety of ways. They may allow raw food to come into contact with cooked items or cutlery, fail to cook food to the proper temperature, or have inadequate cooling equipment. An attorney in Charlottesville could help you investigate the cause of your food poisoning and hold the negligent restaurant owners responsible.

It is essential to act quickly after your food poisoning. A doctor’s diagnosis while still ill may be the only way to link your condition to the tainted food. In addition, the Code of Virginia § 8.01-243 dictates that people must demand compensation through an injury claim within two years of becoming ill.

Contact a Charlottesville Food Poisoning Attorney Now for Help

Eating food that a maker failed to sanitize properly or package could lead to hidden spoilage. In addition, restaurants must properly store, handle, and prepare food under the law. Failure to do so could lead to serious bacterial or parasitic infections.

A Charlottesville food poisoning lawyer could help you seek out the compensation you deserve from liable food makers and restaurants. Whether you believe a failure in the manufacturing process or sloppy kitchen procedures led to your illness, reach out to The Warren Firm today for help.

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