Victims of food poisoning in Nevada can file a lawsuit if restaurants, supermarkets, or manufacturers provide contaminated food that causes illnesses like salmonella, e. coli, or norovirus. The statute of limitations (legal deadline) for filing a personal injury claim is two (2) years after contracting food poisoning.

 

In a Food Poisoning Lawsuit, who is Responsible?

For a person with food poisoning, proving the source of the disease is frequently the most challenging aspect of a case. Some factors may make this easier, such as a government agency linking contaminated food to a restaurant or other institution where you just dined.

Furthermore, if you ate at a buffet or restaurant where several visitors ate the same dish and became ill, this will improve your case and help prove the source of your food poisoning. If several people experienced damages for the exact cause, these scenarios may eventually lead to class-action lawsuits.

 

How to Prove Negligence in a Food Poisoning Lawsuit?

 

First, seek medical attention. Doctors can determine which virus or bacteria caused the illness. In addition, these medical records may be helpful evidence if you sue.

Second, you should register a foodborne illness complaint with your local health authority. In Las Vegas, this would be the SNHD. The health department may then inquire into the restaurant or event to determine the cause of food poisoning. If more victims file similar complaints, your claims will be strengthened.

Finally, collect all relevant evidence. This can include:

• Leftovers from the contaminated meal can then be analyzed
• Food receipts, such as restaurant or supermarket bills
• Photos of the lunch or buffet, like those shot for Instagram
• Contact information for eyewitnesses who witnessed you consume the meal
• Medical records if you experience food sickness

In some cases, such as widespread food contamination resulting in a product recall, it might be relatively simple to demonstrate where affected foodstuffs came from. In more isolated cases, proving that a specific meal or establishment caused your illness can be challenging.

If you store food improperly, you will not have a case. For example, if you buy milk and leave it on the counter, the grocer is not responsible for the spoiled milk that causes food illness. That was your fault.

However, you should file a case for sickness caused by manufacturing and preparation problems. So, if the grocer sells spoiled milk, the grocer may be held accountable for causing food poisoning. You did not cause the spoiling.

What are the grounds for a food poisoning lawsuit in Nevada?

 

There are several legal claims that you may be able to file against the at-fault parties (“defendants”). Possible legal actions include:

1. Strict product liability
2. Negligence,
3. Negligence per se, and/or
4. Wrongful death (if the victim is deceased).

 

Strict product liability

In a strict liability claim in Nevada, you must prove the following five elements:

• The product was defective due to a design, manufacturing, or warning issue.
• The defect existed when the product left the possession of the defendant.
• The product was utilized in a reasonably foreseeable manner,
• The defect was a cause injuries, and
• The injuries resulted in damages.

Food producers must ensure that their products are safe for human consumption. If the food causes illness in others, the producers are strictly liable to you for producing defective items and compromising food safety.

 

Negligence

In a Nevada negligence action, you must prove four elements:

• The defendant owed you a duty of care;
• The defendant breached this duty;
• This breach proximately caused your injury; and
• This injury resulted in damages

Companies that grow, manufacture, ship, or serve foods owe the public a duty of care to keep the food safe. If these companies cut corners, causing consumers to become ill due to contaminated food, they are negligent.

 

Negligence per se

In Nevada, you must establish the following five components to prove negligence per se:

• The defendant had the duty to follow a certain law
• You are one of the people that the law was designed to protect
• The defendant violated this law
• The defendant’s violation proximately caused your injuries
• The injuries resulted in damages.

Food storage and preparation are severely regulated in the United States by the FDA (Food and Drug Administration) and in Las Vegas by the Southern Nevada Health District (SNHD). Companies that break these safety standards and subsequently cause consumers to become ill due to contaminated food are considered negligent per se.

 

Wrongful Death

In a wrongful death claim in Nevada, you must prove the following four elements:

• The victim died
• This death was caused by the defendant’s wrongful act or negligence
• You are an heir or personal representative of the victim
• You suffered damages for monetary injury as a result of the death

In Nevada, the victim’s family and/or estate may sue for wrongful death.

 

Compensation for Food Poisoning

You are entitled to compensation for any losses caused by food poisoning. This includes:

• Medical bills.
• Lost wages
• Pain and Suffering
• Emotional distress.

If a food poisoning incident is fatal, the deceased’s estate or surviving family members may seek wrongful death damages. An experienced food injury lawyer can assist you in proving your case and obtaining the most compensation you deserve.

Contact our Food Poisoning Lawyers in Las Vegas

 

Because Las Vegas is a lively city with several dining options, it may be difficult to pinpoint the specific location where you caught food illness. The Las Vegas food poisoning attorneys at Moss Berg Injury Lawyers are ready to assist. If you have food poisoning while eating in Las Vegas, contact us for a free consultation.

We will thoroughly review your case and assist you in determining the most likely source of your food poisoning. This will allow us to take proper legal action and obtain compensation for your medical expenses, lost income, pain and suffering, and other damages.