Earlier this month, a nationally known ice cream manufacturer, Blue Bell, based out of Brenham, Texas, recalled all of its products after fears arose that some products had been contaminated with the deadly bacteria listeria. According to a report by USA Today, the “little creamery in Brenham” instituted a voluntary recall after listeria was found in some half-gallon containers of cookie dough ice cream.
While the initial discovery of contaminated products was limited to the half-gallon containers of cookie dough ice cream, the company decided to recall all of its products, including its entire line of ice cream, frozen yogurt, sherbet, and frozen snacks. A Blue Bell representative released the following official statement about listeria:
[Listeria is] an organism which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems. Although healthy individuals may suffer only short-term symptoms, … listeria infection can cause miscarriages and stillbirths among pregnant women.
The company distributes its products across the United States, mostly in the southern and southeastern portions of the country, including Florida, Georgia, Texas, Alabama, Arizona, Arkansas, Colorado, New Mexico, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Virginia, Wyoming, Illinois, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, and Nevada. If you have purchased any Blue Bell products, do not consume them.
Food Poisoning and Legal Liability in Florida Courts
Under Florida law, injuries caused by contaminated food or food-borne disease are generally compensated through the State’s product liability laws. A product liability lawsuit can generally be brought against any person or company in the distribution network, including the manufacturer, distributor, retailer, and anyone else who handles the product between its inception and its final sale.
In order to succeed in a claim of product liability in a food poisoning case, the plaintiff must be able to prove causation. In other words, the plaintiff must be able to convince the court that it was more likely than not that they consumed the contaminated food and that their consumption of the food resulted in their injuries. This can be difficult in the context of perishable food, since the injured party may not find out what caused their ailment until the food item has been discarded. However, with the assistance of a dedicated Florida personal injury attorney, you may be able to find alternate evidence helping to prove causation.
Have You Been Injured after Consuming a Contaminated Food Product?
If you or a loved one has recently been made seriously ill after consuming a contaminated food product, you may be entitled to monetary compensation for your injuries. Such compensation may include amounts for your past medical bills, future medical expenses, lost work, and pain and suffering. However, keep in mind that proving a product liability case arising out of contaminated food can be difficult, and plaintiffs are generally only given one chance to prove their case. Therefore, it is critical that all efforts be made early on in order to secure the best chance of success. Call 800-753-5529 to schedule a free consultation with an attorney today to discuss your potential rights and recovery options.
See More Blog Posts:
Miami Lakes Car Accident Claims Three Lives Earlier this Month, Cecere Santana Castrillon Injury Lawyers Blog, published April 26, 2015.
Fatal Left-Turn Accident in Coral Springs Claims One Man’s Life, Injures Two Others, Cecere Santana Castrillon Injury Lawyers Blog, published March 16, 2015.