Food Poisoning

Food poisoning—any illness or disease that results from eating contaminated food—affects millions of Americans each year. While the American food supply is among the safest in the world, the federal government estimates that there are about 48 million cases of foodborne illness annually—the equivalent of sickening 1 in 6 Americans each year. And each year these illnesses result in an estimated 128,000 hospitalizations and 3,000 deaths.

Causes of Food Poisoning

• Bacteria and Viruses: Bacteria and viruses are the most common cause of food poisoning. The symptoms and severity of food poisoning vary, depending on which bacteria or virus has contaminated the food.

• Parasites: Parasites are organisms that derive nourishment and protection from other living organisms known as hosts. In the United States, the most common foodborne parasites are protozoa, roundworms, and tapeworms.

• Molds, Toxins, and Contaminants: Most food poisoning is caused by bacteria, viruses, and parasites rather than toxic substances in the food. But some cases of food poisoning can be linked to either natural toxins or added chemical toxins.

• Allergens: Food allergy is an abnormal response to a food triggered by your body's immune system. Some foods, such as nuts, milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans can cause allergic reactions in people with food allergies.

Symptoms of Food Poisoning

Symptoms may range from mild to severe and differ depending on the germ you swallowed. The most common symptoms of food poisoning include:

• Upset stomach

• Stomach cramps

• Nausea

• Vomiting

• Diarrhea

• Fever

• Dehydration

Serious long-term effects associated with several common types of food poisoning include:

• Kidney failure

• Chronic arthritis

• Brain and nerve damage

• Death

People at Increased Risk

Certain groups of people are more susceptible to foodborne illness. This means that they are more likely to get sick from contaminated food and, if they do get sick, the effects are much more serious. These groups include:

• Pregnant women

• Children younger than 5 years

• Adults age 65 and older

• People whose immune systems are weakened due to illness or medical treatment

Restaurant Liability for Food Poisoning

A restaurant may have liability (legal responsibility) for negligence in serving a customer a defective food product that causes food poisoning illness in the customer.

One of the biggest challenges for a customer who believes they got food poisoning at a certain restaurant is proving the legal element of causation—that the restaurant’s food caused the illness, and not food from another source (home or another restaurant)—or that the illness was caused by food at all, rather than another bacteria, virus, or contaminant.

Liability claims against a restaurant for food poisoning may be based on negligence, product liability, or breach of implied warranty theories, but the severity of the illness and the amount of damages that can be proven—medical bills, lost wages, pain and suffering, emotional distress, serious bodily injury, or death—often determine whether legal action is warranted.

In New Hampshire (NH), food poisoning cases are addressed under various areas of law including personal injury, product liability, and breach of warranty. If a person becomes ill from food poisoning due to contaminated food consumed in a restaurant or purchased from a food supplier, the establishment may be held liable if it can be proven that their negligence led to the illness. This means showing that the food served by the restaurant was indeed contaminated and directly caused the food poisoning. For a successful claim, the plaintiff must establish causation, demonstrating that the food from the defendant was the source of the illness, and not from another place. The severity of the illness and the ability to document damages such as medical expenses, lost income, and pain and suffering are critical factors in determining whether a legal claim is viable. New Hampshire adheres to the principles of comparative negligence, which may reduce the compensation if the plaintiff is found to be partly at fault for their illness. It's important for individuals who have suffered from food poisoning and are considering legal action to consult with an attorney who can help navigate the complexities of these cases and provide guidance based on the specific circumstances and current NH state statutes and federal law.