Proving Food Poisoning in Austin Is Harder Than You Think

Suffering from food poisoning is something that no one ever wants to experience; unfortunately, many do. When a person gets food poisoning, it is normally because their food has not been properly handled or stored, and various bacteria and viruses get into their system as a result. Some of the more common causes of illness are Salmonella, E.coli, and Listeria. Certain illnesses will take longer to kick in, so it can be quite hard to pinpoint the actual food that caused your poisoning. 

If you've been the victim of food poisoning, your claim will probably be considered a defective product claim because the food you were given was, in theory, defective. To win your case, you're going to need to prove that the food you ate was contaminated and that the contamination is what made you ill. It certainly helps when other people have stepped forward to claim they suffered food poisoning from a specific product or restaurant, as well, but you won't always have that kind of back-up. You can do a few things to really help your case:

  • Go to the doctor and have testing done. People will often avoid the doctor when they have food poisoning and try to ride it out at home. If you suspect you are suffering from food poisoning, go to the doctor right away and ask to be tested. Think about what will sound more credible in a court of law: you simply saying you had food poisoning, or a medical professional verifying that you tested positive for food poisoning. 
  • Save the food, and get it tested, as well.  This is a tough one, especially if you ate at a restaurant. However, if you have leftovers, or you still have some of the food at home, consider sending it to a laboratory for testing. In defective product cases, many food companies will try to argue that you ate many different things, and you can't be sure that their food was the cause of the poisoning. However, if you have that food tested, and the results show that it was tainted, you have a much better case on your hands. 
  • Try to find anyone else who was affected. Again, this can be hard, but if you know someone ate the same food as you, find out if they suffered food poisoning, as well. The more people you can get on your side, the better. 

The best thing you can do is contact an Austin defective product attorney right away to see if you have a case. They will be able to guide you and help you build and win a food poisoning suit. Call Austin firm Straight Law today for a free consultation at 512-454-1331.