So, You Ate Tainted Food: When Can You Sue?

Personal injury cases do not always involve accidents or injuries, sometimes they involve illnesses. Food poisoning is one type of illness that can lead to a personal injury suit, depending on the severity. With the legalization of marijuana in some states, personal injury attorneys now find themselves filing suits for people who have unknowingly ingested marijuana-laced foods and have become ill.

So, if you happen to eat something that makes you sick, when can you sue?

Proving Food Poisoning

Food poisoning cases can be difficult to prove, especially if you don't get sick right away. Sometimes it takes a few days before you fall ill after eating bad food. When proving a food poisoning case, you must be able to prove negligence, breech or warranty, or strict liability. You also must have become sick with a bad case of food poisoning, which lead to extensive medical bills, loss of income, emotional stress, or pain and suffering. 

Negligence in a food poisoning case simply means that the restaurant or food manufacturer used unsafe practices when preparing or packaging the food, which lead to your illness. This can include unsanitary conditions, faulty refrigeration, and other unsafe practices that can lead to cross contamination and food-borne illnesses.

Strict liability for food poisoning cases means that the restaurant, wholesaler, or any other business long this food chain sold or served food that was in some way defective or unreasonably dangerous. 

Breech of warranty comes into play when a person sickened with food poisoning can claim that the food in question did not meet the ordinary expectation of non-contaminated foods. 

Proving Marijuana-Laced Foods

With the legalization of marijuana, High Times magazine has published a helpful article for staying safe when making marijuana-laced foods, which includes labeling the food, keeping it out of reach of children, and not using it to play pranks on others. 

Lawsuits involving marijuana in foods are most commonly due to a person unknowingly eating the food and becoming ill. When people eat food containing this substance they can become paranoid, sick, and lose control. According to an article in USA Today, bad reactions to THC in marijuana-laced foods can occur in smokers and non-smokers of marijuana. If the drug effect makes someone ill or left feeling like he or she is losing control, it often includes a trip to the ER. 

Negligence is the common reason for suits involving marijuana foods. If you were invited to someone's home and they had cookies or other foods that contained marijuana without warning you first, this is negligent behavior. The homeowner is responsible for what happens on his or her property.

You can discuss the circumstances of your case with a personal injury attorney such as Goldman & LeBrun. Whether you've eating food food tainted with bacteria or drugs, you may have a case that can help you recover any damages you've incurred.