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Can Someone Be Held Responsible For My Child’s Food Poisoning?

“Responsibility is like a string we can only see the middle of.
Both ends are out of sight.”
William McFee

Seeking out responsibility is a principle-based exercise. Sometimes it’s easier to deal with the complications of another party’s actions than to find out who is responsible and hold them accountable. For a parent, there are not many things worse than seeing your child sick, especially when it seems there is not anything you can do to stop it. Such is the case when your child gets food poisoning.

Food poisoning comes on quickly and strongly. When it is your child you want to know the source of the illness and what that source to take responsibility for the pain it has caused your child. Food poisoning is easily diagnosed and can often be linked to the source. Therefore, if your child has become ill due to food contamination, you may have a case to hold the source accountable.

What is food poisoning?

Food poisoning is the term used to describe any illness that is caused by contaminated food. There are many different pathogens that can contaminate food as well as a number of chemicals and substances that can cause illnesses if they containment food. The Center of Disease Control (CDC), estimates that each year 48 million Americans get sick, 128,000 people that are hospitalized and 3,000 people that die from some type of food poisoning each year.

Symptoms of Food Poisoning

Food poisoning symptoms can last anywhere from a few hours to a week and can vary in severity. Typical symptoms are:

  • Upset stomach
  • Nausea
  • Vomiting
  • Diarrhea
  • Abdominal cramps
  • Fever
  • Dehydration
  • Stiff neck (if food poisoning is caused by Listeria)

Food poisoning cases can result in kidney failure, chronic arthritis, brain and nerve damage, and even death if left untreated or is a more serious case.


Raising awareness of proper food handling practices can significantly reduce the risk of food poisoning. Also, educating yourself on the type of food your are eating and what chemicals and pesticides they are exposed to can also help avoid you or your family getting sick. However, there are times that you can’t control your environment and are not able to easily obtain the answers you want about your food.

In order to be successful in a food poisoning lawsuit, your claim must involve some if not all of the following:

  • severe injuries
  • hospitalization
  • complications that are severe or life threatening
  • loss of income or wages from time off work
  • out of pocket expenses for medical bills
  • kidney damage
  • Hemolytic Uremic Syndrome

Find out more on how the attorneys at Teal & Montgomery can help you on the ” How We Can Help You” page. The attorneys at the Teal & We welcome you to contact us or call 707-525-1212 to schedule a free initial consultation. A Santa Rosa product liability attorney can visit you in your home or hospital if necessary.