A: You probably have a case, yet whether you have damages severe enough to warrant filing a case is another, more important question. Costs involved in hiring experts to test food and to testify about food handling procedures can be quite high, not to mention investigation costs and costs of filing a lawsuit. It is important to speak to a qualified personal injury laywer to discuss the specific facts of your case.
In New Jersey, food is considered a product under the New Jersey Products Liability Act. In cases of food contamination resulting in illness, the young and elderly are especially at risk because of underdeveloped or compromised immune systems.
Food poisoning is usually related to poor food manufacturing or handling procedures. In these kinds of cases, claims can be made under the New Jersey Products Liability Act section (a), which provides that the claimant must establish that the product deviated from performance standards of the manufacturer or from otherwise identical units manufactured to the same manufacturing specifications.
For more information about New Jersey products liability law, access our legal article about food product liability claims in New Jersey.
If you or a loved one suffered food poisoning which resulted in serious injuries, symptoms or caused death, it is important to contact an injury and product liability lawyer who will discuss your case with you. Feel free to contact our lawyers for a free initial consultation. 877.944.8396
**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.