With the great enjoyment that comes along with being served with airline meal, the same case, there is a high risk of food poisoning. Though such cases are uncommon, they still happen and can lead to severe complications to passengers and crew affected. If you have been made ill by food served in an airline, you may be wondering whether it worth to raise a legal issue. The answer depends on the unique circumstances of the poisoning, and the severity of the injuries suffered as a result. Food poisoning not only results in issues such as gastroenteritis, but it can also lead to death. If it’s determined that you or your loved one ate poisoned food, either because it was improperly handled or the storage was not fit, and you suffered severe injuries, you may have a claim.
Food Poisoning in Air Travel
One of the most common food poisoning during flights is bacteria. Bacteria accounts to a significant number of foodborne bacterial pathogens that can affect passengers, pilots, or any other crew on board. Once a government agency proves that food has been poisoned, the process of filing claim becomes easier. However, it’s a good idea to have the best attorneys and law firms in Wasilla Ak, advice whether it’s appropriate to file a case. Food poisoning claim is possible through product liability claims. The secret to obtaining compensation lies to proving you ate the served food and as a result, you became sick. However, such a case is full of challenges that may deter you from winning; some of them may include:
Being allergic to some certain type of food
The food may be contaminated way before the culinary team handled it. In such a case, it would require a seasoned lawyer to fight for your product liability claim.
If you believe in having a claim after food poisoning in air travel, you may speak with a lawyer to know whether you have a solid case.
Basis For Filling Your Food Poisoning Claim
For any food poisoning claim, the below may be used:
Negligence: If it’s proven that you suffered from food poisoning after taking airline meals, you may file your claim based on negligence from those who prepared the food. Negligence may also be applied to those who supplied or manufacturer the food products you ate. However, proving such requires one to show that the person failed to exercise reasonable care when making or distributing the food products.
Strict product liability claim: Even if the manufacturer had properly made the food and made sure there was a warning or took reasonable steps to prevent any food poisoning, he/she may be liable for any injury suffered from the use of the food product. Again, you have to show that the food product you ate contained harmful products and hence you became sick.
A breach of implied warranty: Every manufacturer or supplier should make or sell food products that follow the set standards of quality. If this doesn’t happen, then one may be said to have breached an implied warranty.
In cases where one dies from food poisoning, it’s possible to get compensation from a wrongful death lawsuit.
Substantial Evidence For Your Food Poisoning Claim
Before filing a food poisoning claim, one must first provide evidence. Such evidence is not easy. It requires expertise. For any claim, one must prove that:
You were served with contaminated food by the airline culinary team: You cannot react to food within minutes after eating. As earlier stipulated, your case becomes easier if a government agency proves that the food was contaminated.
The food served made you sick: One of the most significant evidence is having a government agency conduct testing to the food to determine whether it contained any disease-causing microorganisms.
It’s easy when multiple people suffer from food poisoning. If the food was served to all passengers, and food poisoning symptoms manifested to everyone, you may find it worth to file a class-action lawsuit. Getting compensation after air travel food poisoning is not easy as one may think. The plaintiff has to provide concrete evidence to prove that they suffered harm as a result. Presenting with food poisoning symptoms after days of eating contaminated food sometimes makes it hard to figure out whether one can file a food poisoning lawsuit. Again, having to prove that the liable party is to blame based on strict product liability is not easy.
If food poisoning led to the death of your loved one, you might have two claims, wrongful death and a food poisoning claim. However, a plane accident lawyer can determine whether both claims can apply to your case and hence choose the best option to use. If you have any question about legal issues related to food poisoning in air travel, you may speak to an experienced plane lawyer.