Last updated on October 31st, 2025 at 11:47 am
Foodborne illnesses are defined as an irritation or infection within a person’s digestive system, commonly referred to as food poisoning. It can often be difficult to track the origin or cause of foodborne illness; sometimes, however, negligence on the part of someone who manufactured, distributed, or served the food can be proven. Lawsuits regarding these illnesses may be viable if the cause of illness can be attributed to a responsible person or party who failed to keep the food safe and leading to the intrusion of bacteria, chemicals, parasites, viruses or other toxins that cause a person to fall sick. Though normally symptoms last only a few days, certain cases of food poisoning can last longer, leading to serious complications and even hospitalization. For those who’ve experienced food poisoning, lawsuits can help those affected by foodborne illnesses claim a negligent party involved in selling, preparing, or otherwise being involved with the suspect food.
Food Poisoning: Lawsuits & Other Legal Actions to Take
Every year in the United States, 48 million people fall sick with foodborne illnesses, which causes about three thousand deaths annually. Though anyone can get sick from contaminated food, certain populations are more prone to food poisoning. Lawsuits are often filed by or on behalf of those with weak immune systems, pregnant women and their fetuses, older folk, and infants and children who experience illness due to tainted food. Poisoning lawsuits center around the liability of those who handle, prepare, or sell the food that causes these complications. People with foodborne illnesses exhibit symptoms that include dehydration and hemolytic uremic syndrome, a condition that often occurs due to improper cooking or lack of cleanliness during food preparation.
Documenting Symptoms
Seeking medical attention and advice should be the first steps for those suspecting their symptoms are related to food poisoning. Lawsuits have a greater chance of success if diagnoses and treatment are all documented. For a food poisoning lawsuit to succeed, it’s necessary to keep records of a doctor’s diagnosis, notes and any medications prescribed, along with any results from tests ordered that indicate food poisoning. Lawsuits will seek to reclaim the costs of doctor’s visits, hospitalization and other treatments, so bills and receipts for these medical expenses should also be preserved.
Keeping a detailed journal is a good way to document symptoms of food poisoning. Lawsuits filed in court will want a comprehensive record of when symptoms began, how long they lasted and how severe they were. No matter how minor, the court will want to verify abdominal pain, diarrhea, fever, nausea, vomiting or any other symptoms, with dates and times of each. If there are physically visible signs like rashes or signs of dehydration related to food poisoning, lawsuits will benefit from these being photographed.
Additionally, any written correspondence discussing these symptoms will become evidence, so it’s important to save any relevant emails, texts or other messages exchanged with colleagues, family or friends. If a person missed work due to food poisoning, lawsuits can help litigants claim lost wages, so evidence like pay or other employment records may also become evidence. In conjunction with personal records, the local health authority should be notified to establish an official record, which should be followed up to ensure further documentation is obtained.
Handling Potentially Contaminated Food
For someone considering a food poisoning lawsuit, it’s important to first store the allegedly contaminated food in an airtight container, freezing it to ensure any contamination is preserved while also keeping it from naturally spoiling. The best thing to do is label the place from which it came, and the date the food was purchased or otherwise obtained. To maintain its integrity as evidence, the food should remain unaltered, so tampering should be avoided.
A report should be filed with the appropriate health authorities, who may wish to take samples to support their investigation. Additionally, if approaching a personal injury attorney with a food poisoning lawsuit, they will likely arrange for a private laboratory to test the food. Poisoning lawsuits often survive or perish according to the evidence the litigant has preserved.
Preserving Evidence
Keeping samples of the offending food is imperative for proving whether an illness is linked to contamination. Food poisoning lawsuits are greatly strengthened when evidence is preserved, so it’s important to follow specific steps regarding where and when the food was obtained, along with evidence like receipts, packaging, lists of ingredients, and other evidence that can help win a legal claim.
Those wanting to preserve evidence for a food poisoning lawsuit should follow these steps:
1. The food that allegedly caused a foodborne illness should remain frozen in an airtight container to keep it from decomposing, while it should also be labeled with the time and date when it was bought, along with the place of purchase.
2. Original packaging should be saved to provide proof of expiration dates and a list of ingredients, while receipts will serve as proof of purchase.
3. A record should be kept of the symptoms and severity of food poisoning. lawsuits also require the litigant provide things like doctor’s notes, medical records and test results.
4. Photographs provide a backup record, so everything should be photographed, including any visible signs of impurities, symptoms like rashes or diarrhea, receipts, packaging and the food itself.
5. A report should be made to local, state, and/or federal health authorities so they can investigate and document their findings.
6. Witness statements that corroborate the events should be verified, along with medical records and other testimony about what led to the food poisoning. lawsuits are more likely to succeed with supporting evidence from other people not benefiting from a potential settlement or judgment.
7. It’s best not to post anything about the case online as it can be used against the litigant, especially not on social media, as it could potentially cause issues with a food poisoning lawsuit should certain statements not back up or even contradict the litigant’s story.
8. A lawyer experienced in litigating foodborne illness claims should be approached for legal guidance. Most personal injury attorneys offer an initial free session to evaluate the potential of the case.
Even if the guilty party is willing to settle, legal representation will almost certainly augment the size of any settlement offered. Additionally, if the case goes to court, documenting the symptoms and treatment, along with all costs, will likely affect the success of a food poisoning lawsuit and the size of any potential judgment.
Taking Action: Filing a Food Poisoning Lawsuit in Maine
In summation, for those looking to file a food poisoning lawsuit in Maine after first seeking medical attention, it’s important to document the case, preserving leftover food, medical records, receipts and other evidence. While it’s a good idea to report foodborne illnesses to local or state authorities that deal with these issues, they aren’t the ones who will file a food poisoning lawsuit. It’s best to consult a knowledgeable personal injury attorney with experience at litigating claims regarding food poisoning. Lawsuits of this type require a seasoned personal injury law firm like Garmey Law, who can help you navigate the complexities of such litigation.
To learn more about how we can help with your food poisoning lawsuit, we invite you to contact Garmey Law today.