Should I Hire a Food Poisoning Lawyer?

In the hustle and bustle of our everyday lives, we often take for granted the safety of the food we consume. However, when this basic trust is broken, the consequences can be dire, leading to severe illness or even long-term health complications. If you’ve contracted food poisoning, it’s not just about the immediate discomfort; it can also be about the long-lasting impact on your health and finances. At Pond Lehocky Giordano, we understand the severity of foodborne illnesses. Our personal injury lawyers are committed to helping our clients navigate through these challenging times.

You may be eligible to file a lawsuit if you or a loved one has experienced significant injuries or long-term health impacts due to food poisoning or contamination.​ Our expert team of personal injury lawyers is dedicated to ensuring that you receive the maximum compensation possible for your pain, suffering, and medical bills. With over 250 years of combined courtroom experience and a track record of over 100,000 successful cases, the seasoned trial lawyers at Pond Lehocky Giordano LLP are more than qualified to represent you in court.

To schedule a free, no-obligation consultation with our legal experts, call 1-800-568-7500 or fill out our contact form today.

The Prevalence of Foodborne Illnesses

Despite advancements in food safety and hygiene practices, foodborne illnesses remain a significant public health concern. According to the Center for Disease Control and Prevention, about 48 million people every year will become sick due to food poisoning. That amounts to 1 in 6 Americans each year, underlining the widespread nature of this issue. 128,000 people will be hospitalized due to foodborne illness, and 3,000 people will even pass away due to this illness. Unfortunately, too few people realize that they can hold restaurants or food distributors liable with the assistance of a food poisoning lawyer. First, however, let’s explore what makes these incidents so common.

Causes of Food Poisoning

Food can become contaminated at any point during its production, processing, or cooking. Some of the most common causes include:

Poor Handwashing Practices: The simple act of washing hands can significantly reduce the spread of bacteria and viruses. However, negligence in this basic hygiene practice can lead to widespread contamination.

Improper Heating and Cooking: Food that is not cooked or reheated correctly can become a breeding ground for harmful pathogens.

Unsanitary Food Preparation: Cross-contamination, especially in busy kitchens, can lead to serious foodborne illnesses.

Contamination via Harmful Chemicals: This can occur at various stages of food production, from farming to processing to cooking.

Recognizing the Symptoms of Food Poisoning

The symptoms of food poisoning can range from mild discomfort to severe illness, and they can appear hours or even days after consuming contaminated food. Common symptoms include:

  • Loss of appetite
  • Bloody or prolonged diarrhea (lasting more than 3 days)
  • High fever
  • Nausea and vomiting
  • Signs of dehydration
  • Chills
  • Stomach cramps or abdominal pain
  • Fatigue or muscle weakness

Should you experience any of these symptoms, you should seek medical attention immediately.

The Long-Term Health Impacts of Food Poisoning

Food poisoning is often dismissed as a fleeting discomfort, but for some individuals, the repercussions can extend far beyond the immediate symptoms, leading to chronic and sometimes life-altering conditions. The potential for long-term complications underscores the need to view foodborne illnesses not merely as inconveniences but as serious health concerns that demand attention and, in some cases, long-term medical intervention. Too many victims of food poisoning fail to connect the dots between their foodborne illnesses and their long-term health conditions. The assistance of a lawyer experienced in food poisoning lawsuits can help such people discover these connections and ultimately prove them in a court of law, strengthening their case. Some examples of long-term illnesses caused by food poisoning include:

Kidney Damage (including Hemolytic Uremic Syndrome):

Certain strains of E. coli, among other pathogens, can lead to severe kidney complications such as Hemolytic Uremic Syndrome (HUS). HUS is most common in children and can lead to acute kidney failure. It’s a condition that requires immediate medical attention, and even with timely treatment, it can have lasting effects on kidney function.

Arthritis (Reactive Arthritis and Post-Infectious Arthritis):

Foodborne pathogens like Salmonella, Shigella, and Campylobacter are known to trigger reactive arthritis, a condition characterized by joint pain and swelling. It can develop as a “reaction” to an infection in another part of the body, often appearing weeks after the initial symptoms of food poisoning subside. In some cases, this condition can become chronic, leading to persistent pain and disability.


Certain foodborne pathogens, particularly Listeria monocytogenes, can lead to meningitis, an inflammation of the membranes surrounding the brain and spinal cord. This is especially dangerous for newborns, pregnant women, the elderly, and individuals with weakened immune systems. Meningitis can result in permanent brain damage, hearing loss, or learning disabilities.

Brain and Nerve Damage:

Foodborne illnesses can sometimes lead to conditions that cause brain and nerve damage. For instance, severe cases of botulism can result in paralysis and respiratory failure. Moreover, certain types of food poisoning can lead to neurological conditions such as Guillain-Barré syndrome.

Guillain-Barré Syndrome:

Although rare, some individuals who contract Campylobacter infections may later develop Guillain-Barré syndrome, a serious condition where the body’s immune system attacks the nerves. This can lead to muscle weakness and, in severe cases, paralysis. The majority of patients recover, but the recovery period can be lengthy, and some may have long-lasting nerve damage.

Irritable Bowel Syndrome (IBS):

Post-infectious IBS is a subtype of irritable bowel syndrome that appears after an acute bout of gastroenteritis or food poisoning. This condition can lead to a chronic alteration in bowel habits, abdominal pain, and discomfort, significantly affecting the quality of life.

Vision Problems:

Certain toxins, such as those produced by Clostridium botulinum, can interfere with nerve function and lead to vision problems. Symptoms may include blurred or double vision, which arises from the toxin’s impact on the nerves that control the muscles around the eyes. In severe cases, these vision problems can be a precursor to more significant, life-threatening symptoms like muscle paralysis.

Recognizing the potential for these long-term complications is crucial in understanding the full impact of foodborne illnesses. It’s not just the immediate discomfort that should concern us, but the potential for lasting health issues that can emerge well after the initial symptoms have subsided. This perspective highlights the importance of stringent food safety practices and the critical role of medical intervention and legal recourse in addressing the consequences of foodborne illnesses. If you’ve suffered from a severe case of food poisoning, it’s essential to monitor your health closely and consult healthcare professionals to address and mitigate potential long-term effects. Ultimately, legal support can be instrumental in navigating the complexities of seeking compensation and justice for the suffering and costs incurred due to foodborne illnesses.

How a Food Poisoning Attorney Can Help You

Navigating the aftermath of food poisoning can be daunting, especially when it involves pursuing a food poisoning lawsuit. This is where the expertise of a personal injury lawyer experienced with foodborne illnesses becomes invaluable. The lawyers at Pond Lehocky Giordano work hard to build and strengthen your case by taking the following steps:

Establish Fault: We work diligently to prove the liability of the food seller or handler, which is a critical aspect of your lawsuit.

Handle Complex Litigation: Food poisoning lawsuits can be intricate, often requiring detailed laboratory testing and expert testimonies from microbiologists or epidemiologists – all of which your food poisoning attorney will help coordinate.

Maximize Compensation: Our goal is to ensure that you receive the maximum compensation possible for your suffering, medical bills, and any long-term health implications by building a rock-solid case and thoroughly exploring all of your legal options.

Common Contaminants and Foodborne Illnesses: A Closer Look

Foodborne illnesses are primarily caused by consuming contaminated food or beverages. The culprits of these illnesses are various bacteria, viruses, and even toxins. Understanding these common contaminants can help in preventing, identifying, and treating foodborne illnesses effectively. Here’s a detailed look at some of the most prevalent agents:


Often associated with contaminated water and produce, norovirus is notorious for causing sudden outbreaks, especially in confined settings like cruise ships, nursing homes, and schools. Symptoms include severe vomiting and diarrhea and can lead to dehydration, especially in vulnerable populations.


Commonly linked with undercooked poultry, eggs, and meat, as well as with dairy products and produce, Salmonella can cause serious gastrointestinal distress. Symptoms include diarrhea, fever, and abdominal cramps, and in severe cases, it can lead to more significant issues like reactive arthritis.

Clostridium botulinum (causes botulism):

This bacterium produces one of the most lethal toxins known, often associated with improperly canned or preserved foods. Botulism can cause paralysis and is considered a medical emergency. Early symptoms include weakness, blurred vision, and difficulty swallowing.


Typically linked with raw or undercooked poultry, unpasteurized milk, and contaminated water, Campylobacter is one of the most common bacterial causes of diarrheal illness. It can also sometimes lead to more severe conditions like Guillain-Barré syndrome.

Staphylococcus aureus:

Found on the skin and in the noses of up to 25% of people and animals, Staphylococcus aureus can contaminate food if handlers don’t practice proper hygiene. It can lead to rapid onset of symptoms like nausea, vomiting, and stomach cramps.

Hepatitis A virus:

A liver infection that can range in severity from a mild illness lasting a few weeks to a severe illness lasting several months. It’s primarily spread through the ingestion of food or water contaminated with fecal matter, even in microscopic amounts.

Lead contamination:

Although not a bacterium or virus, lead can contaminate food through polluted soil, water, or through certain food containers. Chronic exposure to lead, even in small amounts, can lead to serious health issues, particularly in children, including developmental delays and learning difficulties.

E. coli:

Certain strains of E. coli are pathogenic and can lead to severe stomach cramps, diarrhea (often bloody), and vomiting. Infection typically occurs through contaminated food or water or contact with animals or people.


Shigella is highly contagious and can be contracted by consuming even a tiny amount of contaminated matter. It’s primarily associated with poor hygiene and can cause severe diarrhea, fever, and stomach cramps.


Listeriosis, caused by Listeria monocytogenes, can be particularly dangerous for pregnant women, newborns, the elderly, and individuals with weakened immune systems. It’s often linked to soft cheeses, deli meats, and unpasteurized dairy products and can lead to severe infection, causing fever, muscle aches, and sometimes gastrointestinal symptoms.


Typically associated with water, Legionella can lead to Legionnaires’ disease, a severe form of pneumonia. It can also cause a milder, flu-like illness called Pontiac fever. Outbreaks have been linked to various water sources, including cooling towers, hot tubs, and plumbing systems.

If you suspect that you’ve contracted an illness from any of these contaminants, immediate medical attention is crucial. Symptoms can range from mild discomfort to severe, life-threatening conditions. Once your immediate health concerns are addressed, consulting with a food poisoning lawyer can help you understand your rights and potential legal recourse.

Frequently Asked Questions about Food Poisoning Lawsuits

Who can be held liable in a food poisoning lawsuit?

Various parties can be held liable, depending on where the contamination occurred. Potential defendants include:

  • The restaurant or food service provider
  • The food manufacturer or processor
  • The farm or source of the contaminated ingredient
  • The retailer that sold the contaminated product
What should I do if I think I have a food poisoning case?

If you believe you have a food poisoning case, consider taking the following steps:

  • Seek medical attention immediately.
  • Preserve any remaining food that you believe caused the illness.
  • Keep receipts and any other proof of purchase.
  • Document your symptoms, medical treatment, and any communication with healthcare providers.
  • Consult with a personal injury lawyer experienced in food poisoning cases.
How long do I have to file a food poisoning lawsuit?

The time limit, known as the statute of limitations, varies by state. Typically, you have a limited number of years from the date of the illness or discovery of the illness to file a lawsuit. It’s crucial to consult with a lawyer as soon as possible to ensure your claim is filed within the appropriate time frame.

Will my food poisoning case go to trial?

Most food poisoning cases are settled out of court. However, if a settlement cannot be reached, your case may go to trial. A food poisoning lawyer can help you navigate the complexities of trial proceedings and work towards achieving the best possible outcome for your case.

What kind of compensation can I receive in a food poisoning lawsuit?

Compensation in a food poisoning lawsuit may include past and future medical expenses, lost wages, pain and suffering, and punitive damages in cases of gross negligence.

Contact Pond Lehocky Giordano Today

At Pond Lehocky Giordano, we understand the physical, emotional, and financial toll that food poisoning can take on individuals and their families. Our team of personal injury lawyers is dedicated to guiding you through the legal process with compassion and expertise, aiming to secure the compensation you rightfully deserve.

If you or a loved one has suffered from food poisoning due to unsafe food practices, don’t hesitate to reach out. We are here to support you every step of the way, ensuring that those responsible are held accountable. To schedule a free, no-obligation consultation with our legal experts, call 1-800-568-7500 or fill out our contact form today. Together, we can fight for your rights and pave the way toward a safer and healthier future.

Related News

Vaccine Injury Attorneys for SIRVA & More

Vaccine Injury Attorneys for SIRVA & More

Vaccines play a crucial role in protecting public health by preventing the spread of infectious diseases. While vaccines are generally safe and effective, there are rare instances where individuals may experience adverse reactions or injuries as a result of...

read more