A meal should be a source of enjoyment and nourishment, not a cause of severe illness, pain, and financial hardship. Yet, every year, people in Arlington suffer from food poisoning after eating contaminated food from restaurants, grocery stores, or catered events. When this happens, it’s not just an unfortunate accident; it is often the result of negligence.
If you or a loved one has become seriously ill due to contaminated food, an Arlington food poisoning lawyer from Branch & Dhillon, P.C. can guide you on the path to accountability and recovery.
We believe that no one should have to bear the burden of medical bills, lost wages, and profound suffering because a food establishment failed to follow basic safety rules. Our focus is on holding negligent parties responsible so you can focus on what matters most: getting your health and your life back.
Key Takeaways about Arlington Food Poisoning Claims
- Food poisoning, or foodborne illness, can result from the negligence of restaurants, grocery stores, caterers, or food distributors who fail to handle, store, or cook food safely.
- A personal injury claim for food poisoning requires proving that the specific food was contaminated, that the contamination caused the illness, and that the illness resulted in damages.
- Individuals who suffer from food poisoning may be able to recover compensation for medical expenses, lost income, and pain and suffering.
- Preserving evidence, such as receipts and leftover food, and seeking prompt medical attention are important steps after a suspected food poisoning incident.
- Texas law sets a time limit for filing a personal injury claim, making it important to understand one’s legal options sooner rather than later.
Why Choose Branch & Dhillon, P.C. for Your Food Poisoning Claim?
When you are dealing with a severe illness, the last thing you need is the stress of fighting with a large corporation or its insurance company. At Branch & Dhillon, P.C., we handle the legal complexities of your case so you can dedicate your energy to healing. We are a small firm with a powerful commitment to our clients, and we pride ourselves on providing personalized and aggressive representation.
Here’s why families in Arlington and Tarrant County trust us during their most difficult times:
- Singular Focus on Personal Injury: Our practice is dedicated solely to personal injury law. This means we have a deep understanding of the legal strategies needed to build a strong case and advocate effectively for people who have been harmed by others’ negligence.
- A Passion for Justice: We are not just attorneys; we are passionate advocates for our clients. We take the time to listen to your story, understand how your illness has impacted your life, and fight tirelessly to see that justice is served.
- No Upfront Costs: We handle every case on a contingency fee basis. This means you pay absolutely nothing out of pocket. We only receive a fee if we successfully recover compensation for you. This approach ensures that everyone has access to quality legal representation, regardless of their financial situation.
- Proven Results Against Big Companies: We have a track record of standing up to large corporations and insurance companies and winning. We are not intimidated by their vast resources and will not back down from a fight to protect your rights.
Choosing our firm means you are choosing a team that will stand by your side, handle the legal burdens, and allow you to focus on your physical and emotional recovery.
Understanding Food Poisoning and Your Rights in Texas
Food poisoning, more formally known as a foodborne illness, happens when you consume food contaminated with harmful bacteria, viruses, parasites, or toxins. Millions of Americans get sick from contaminated food each year. While many cases are mild, some can lead to hospitalization, long-term health complications, or even death.
Common pathogens that cause serious food poisoning include:
- Salmonella
- E. coli
- Listeria
- Norovirus
When you get sick from food served or sold in Texas, your ability to seek justice is based on the legal principle of negligence. Negligence means that someone had a responsibility to act with reasonable care but failed to do so, causing you harm. Food providers have a legal “duty of care” to their customers to ensure the food they serve is safe for consumption. An Arlington food poisoning attorney can help determine if this duty was breached in your case.
Who Can Be Held Responsible for Food Contamination in Arlington?
Identifying the source of food poisoning is one of the most critical and challenging aspects of a claim. The contamination can happen at any point in the food supply chain, from the farm to your plate. Our legal team can conduct a thorough investigation to pinpoint the responsible party, whether it was after a family dinner in Arlington’s Entertainment District or a quick lunch from a local cafe.
Potential at-fault parties in a food poisoning claim may include:
- Restaurants, Cafes, and Fast-Food Chains: This is the most common source, where negligence can involve improper cooking, sick employees, or cross-contamination in the kitchen.
- Grocery Stores: Supermarkets can be liable for selling expired products, contaminated produce, or tainted items from their deli or butcher counters.
- Food Manufacturers and Processing Plants: Large-scale contamination can occur at the source, where a single contaminated batch of a product is shipped to multiple locations.
- Caterers and Event Venues: Food served at weddings, corporate events, or parties can make many people sick if safety protocols are ignored.
Determining who is legally responsible requires a careful investigation of the facts, and having a knowledgeable legal advocate on your side is essential for navigating this process.
Negligence in Food Handling and Preparation
A breach of the duty of care often comes down to specific failures in food safety. The Texas Department of Health and Human Services sets forth strict regulations for food establishments, but violations are all too common.
Examples of negligence that can lead to a serious foodborne illness include:
- Improper Temperature Control: Leaving perishable foods in the “danger zone” (between 40°F and 140°F), where bacteria multiply rapidly.
- Cross-Contamination: Using the same cutting board or utensil for raw meat and ready-to-eat vegetables without proper cleaning.
- Poor Employee Hygiene: Failing to enforce handwashing rules or allowing sick employees to handle food.
- Using Spoiled or Outdated Ingredients: Knowingly serving food that is past its expiration date or shows signs of spoilage.
When a business cuts corners on safety to save time or money, innocent people pay the price. We work to hold these establishments accountable for their careless actions.
Steps to Take After Suspecting Food Poisoning
If you believe you have food poisoning, your first priority should always be your health. Seek medical attention immediately, especially if you have severe symptoms like a high fever, bloody diarrhea, or signs of dehydration. A doctor’s diagnosis is not only crucial for your recovery but also serves as vital evidence. Once you are safe and have received medical care, there are several steps you can take to protect your legal rights.
- Preserve Any Evidence You Have: If possible, save a sample of the suspected food. Place it in a sealed container, label it “DO NOT EAT,” and freeze it. Also, keep any packaging, receipts, or credit card statements that prove where and when you bought the food.
- Document Your Experience in Detail: As soon as you are able, write down everything you can remember. Note what you ate, the date and time of the meal, when your symptoms began, and the specific symptoms you experienced. Continue to keep a journal detailing your medical treatment, daily pain levels, and how the illness is impacting your life.
- Report the Illness: Contact your local health department, such as the Arlington Health Services department. Reporting the incident can trigger an official investigation into the food establishment, which may uncover evidence of health code violations and help prevent others from getting sick.
- Identify Others Who Are Ill: If you dined with other people, check to see if they also became ill. A group of people getting sick after eating the same meal is powerful evidence that the food was the source of the illness.
- Avoid Speaking with Insurance Adjusters: The restaurant’s or business’s insurance company may contact you and try to offer a quick, low settlement. It is in your best interest not to give a recorded statement or accept any offer until you have spoken with an experienced Arlington food poisoning lawyer.
Taking these steps can significantly strengthen your ability to pursue a successful personal injury claim and get the compensation you need to recover fully.
Proving Your Food Poisoning Claim in Arlington, TX
Connecting your illness to a specific meal from a specific establishment can be complex. Insurance companies will often argue that you could have gotten sick from something else you ate. This is why building a strong, evidence-based case is essential. Our team at Branch & Dhillon, P.C. knows how to gather and present the evidence needed to establish a clear link between the contaminated food and your suffering.
The key evidence we work to gather includes:
- Medical Documentation: Your official diagnosis from a physician, including the results of any lab tests (like a stool culture) that identified the specific pathogen.
- Health Department Reports: An investigation by the Tarrant County health department can uncover health code violations at the establishment, providing strong evidence of negligence.
- Witness Testimony: Statements from friends, family, or colleagues who ate with you and also fell ill can help prove the food was the common source.
- Physical Evidence: The preserved food sample can be tested in a lab to confirm the presence of harmful bacteria or toxins.
Our role is to piece together this puzzle, demonstrating that it is more likely than not that the defendant’s negligence caused your illness and subsequent damages.
What Compensation Can You Seek in a Food Poisoning Case?
A serious foodborne illness can have a devastating financial and personal impact. The goal of a personal injury claim is to recover “damages,” which is the legal term for the compensation you need to cover your losses and make you whole again. Under the Texas Civil Practice and Remedies Code, you may be entitled to seek compensation for various types of damages.
We can help you pursue recovery for both your economic and non-economic losses.
Economic Damages: These are the tangible financial costs associated with your illness. They include:
- All current and future medical bills (emergency room visits, hospitalization, diagnostic tests, and medications).
- Lost wages for the time you were unable to work while recovering.
- Loss of future earning capacity if the illness results in a long-term disability.
Non-Economic Damages: These damages compensate you for the intangible, personal suffering you have endured. They include:
- Pain and suffering.
- Emotional distress and mental anguish.
- Loss of enjoyment of life.
In the tragic event that a foodborne illness leads to a fatality, our firm can also help grieving families pursue a wrongful death claim to seek justice for their profound loss. We will carefully calculate the full extent of your damages to ensure you demand the fair compensation you deserve.
Arlington Food Poisoning FAQs
We understand you likely have many questions about this challenging situation. Here are answers to some common concerns we hear from our clients.
In Texas, the statute of limitations for personal injury claims is generally two years from the date the injury occurred. If you miss this deadline, you may lose your right to seek compensation forever, which is why it’s so important to contact an attorney as soon as possible.
This is a common challenge. If you ate a meal with multiple items, it can be hard to pinpoint the exact source. An experienced attorney can help investigate by reviewing what others who ate with you consumed, checking for reports of similar illnesses linked to the restaurant, and examining the establishment’s health inspection history.
It is highly advisable to speak with a lawyer before accepting any offer. Insurance companies are businesses focused on protecting their bottom line, and their initial offers are often far less than what you are truly owed. An attorney can evaluate the full value of your claim and negotiate on your behalf to ensure you receive a fair settlement.
Contact an Arlington Food Poisoning Attorney at Branch & Dhillon, P.C. Today
You trusted a food establishment to provide a safe meal, and they failed you. Now, you are left dealing with the painful consequences. You do not have to go through this alone. The compassionate and dedicated legal team of personal injury lawyers at Branch & Dhillon, P.C. is here to fight for the justice and compensation you deserve.
Let us handle the legal battle while you focus on your health and recovery. We will be your advocate, your voice, and your support system every step of the way. Because we work on a contingency basis, there is no financial risk to you. Contact us today at (817) 533-3430 or through our online form to schedule a free, no-obligation consultation to discuss your case.