Louisville, KY Personal Injury Attorney Helping You Handle Listeria Infection Suit
Listeriosis is an infection caused by contaminated food. Recently, Sabra® Hummus recalled a majority of their products because of a potential contamination issue. While Listeriosis is primarily dangerous for women, infants, and those with a weakened immune system, there are still serious side-effects and debilitating illnesses that could impact individuals of all ages.
The symptoms of Listeriosis are like other types of illnesses, and they can vary in each person. Some suffer from vomiting and nausea, while others have stomach cramps, diarrhea, fever, muscle aches, stiff neck, balance issues, and convulsions. Pregnant women may experience minor flu symptoms, but the illness affects the growing fetus and may lead to miscarriage, pre-term labor, or a stillbirth.
How Do You Contract Listeriosis?
Food must be contaminated with Listeria to contract the illness. Listeria is found in the soil, so it is not uncommon for it to stick to the skin of fruits and vegetables. Animals may also eat items contaminated with Listeria, and then their meat and dairy products are equally contaminated.
Ready-to-eat foods are especially susceptible to this illness, because these foods are not cooked to the proper temperature to kill off the bacteria and prevent infection.
Can You Sue for a Listeria Infection?
The Sabra® Hummus recall has begun, but there have been countless other recalls in the news for potential Listeria contamination. Because the infection can be severe, those who become ill may have a claim against the manufacturer or retailer of the product.
It is best to consult with a product liability attorney to explore your options, but you may have multiple legal options at your disposal, including:
- Filing a claim based on strict liability. Under the theory of strict liability, you must only prove that you were sick from the infected food source. You do not need to prove that the manufacturer did anything wrong with strict liability – only that the food made you ill.
- Filing a claim for a violation of implied or expressed warranty. Food that is contaminated with any pathogen or bacteria is unsafe for human consumption. This violates the manufacturer’s promise (whether implicit or expressed on the label) that the food is safe to eat.
- Filing a claim based on negligence. If you are filing a claim for negligence, you must prove that the manufacturer did not exercise their required standard duty of care when distributing the contaminated food items. This may mean distributing undercooked products, continuing to sell food that was contaminated, or failure to clean the facility or inspect prior to distribution.
Suffer from Food Poisoning? Speak with an Attorney
If you have experienced a serious illness due to contaminated food, whether from Listeriosis or another foodborne illness, contact Gladstein Law Firm, PLLC today. You can explore your options and exercise your right to collect compensation under the law.
Schedule a free consultation today by calling us or request a consultation appointment through our online contact form.