Food and food products are, from time to time, contaminated through the use of poorly functioning line equipment, cross contamination, or spoilage. In such situations, consumers are often negatively impacted by consumption of the tainted food product. Contrary to the seemingly clear nature of these food poisoning cases, the nature of these types of injuries can make pursuing legal action difficult.
A class action lawsuit is the typical manner in which compensation for damages resulting from tainted food products is attained. However, some issues related to food poisoning illness specifically make pursuing compensation through this type of legal action problematic. Symptoms in food poisoning cases may range from a mild illness, to a moderate illness, or even death. The many symptoms and their aggressiveness often vary a great deal based on the health, stage of life, and sensitivity of the consumer. Often, infants and elderly patients suffer far worse symptoms than other, healthier demographics. These differing effects on certain groups of consumers like infants and the elderly makes class action lawsuits difficult to litigate. Besides the above concerns, the court system may deny a class action lawsuit if other types of remedies (such as refunds) are easier to institute.
To have a sound class-action type of claim, most of those people who are affected by the tainted product should have suffered a similar array and severity of symptoms. Evidence that demonstrates the claimants’ exposure to the tainted product is also essential to mounting a class action lawsuit. Plaintiffs in a class action proceeding must “opt in” to the claim. While this is the best course for most, opting out reserves the right to more damages for those more severely affected – and in some cases – their families. However, participating in a class action may be a satisfactory choice for those whose have similar damages.
If you are seeking information about your rights after a food poisoning illness, engaging the services of a food poisoning lawyer can help you decide if opting in to a class action lawsuit will benefit you. Call food poisoning lawyer, Ty Wilson, at 1-866-937-5454 to schedule an evaluation of your claim.