Food Poisoning Isn’t Just Stomach-Turning: It Could Be Grounds for a Lawsuit

Those ubiquitous Pepto Bismol TV ads may be disgusting and distasteful, but they’re also painfully true. Across the country, and here in Michigan, numerous people have been hospitalized or even died due to the recent spate of food poisoning cases. In fact, experts say one in every six Americans becomes ill annually from foodborne diseases, resulting in more than 125,000 hospitalizations and 3,000 deaths.

Consider these often terrifyingly unappetizing recent examples:

• Last week, the Detroit News reported that 368,000 lbs. of Oscar Mayer turkey bacon that had been distributed nationwide were being recalled due to possible listeria contamination.
• In November, an E. coli outbreak linked to contaminated Romaine lettuce sickened numerous people across 15 states, leaving one victim dead.
• Early in the year, dozens fell ill and at least two people died from listeria poisoning caused by unsafe Boar’s Head liverwurst.
  
• A New York Yankees baseball player became ill while visiting Detroit in April, and blamed bad hotel chicken wings for a bout of vomiting that kept him out of a game against the Tigers.
  
• This May, consumers in 18 states including Michigan became seriously ill due to a salmonella outbreak caused by contaminated cucumbers.
  
• In June, dangerous outbreaks of food poisoning linked to salmonella in eggs and pistachio cream were reported by the Centers for Disease Control (CDC).
  
• Also in June, Meijer’s recalled its Frederik’s by Meijer Dark Chocolate Almonds from stores in Michigan, Indiana, Illinois, Kentucky, Ohio, and Wisconsin due to concerns that they might inadvertently include cashews – which could trigger a life-threatening allergic response in sensitive individuals.
  
• Although technically not food, even seemingly safe toothpaste has been the subject of contamination issues. Of 51 toothpaste brands tested earlier this year, a shockingly large percentage were found to contain lead, arsenic, mercury, or other dangerous metals.

These cases are just the tip of the iceberg. (And we’re not talking about lettuce here!) In fact, there are so many cases of foodborne illnesses caused by contaminated or mislabeled products that the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA) maintains a website solely dedicated to warning consumers about food safety issues. Nearly every day, numerous items of “high” concern and other public health alerts are added to the FSIS list of recalls.

In the past few months alone, for example, the FSIS reported on a wide variety of cases, including potential listeria contamination in chicken fettuccine alfredo, uninspected frozen fish balls being imported from an unapproved factory in Vietnam, organic ground beef from Whole Foods suspected of being tainted with E. coli bacteria, mislabeled ham croquettes containing potentially dangerous allergens, and the recall of 250,000 lbs. of canned Hormel’s Dinty Moore beef stew that may be contaminated with foreign matter (in this case, pieces of wood).

Restaurants are also a major source of foodborne illnesses

As you can see, items produced for sale in grocery stores and intended for home consumption have a major impact on consumers affected by food poisoning, but restaurants are perhaps an even more serious source of food-related problems. Across Michigan, there are more than 20,000 restaurants and other food providers, not to mention over 2,000 food processors and agribusinesses, all of which are subject to state laws regulating food safety.

It’s a daunting task to inspect and ensure the safety of foods produced and distributed by all these various types of operations. The Michigan Department of Agriculture & Rural Development (MDARD) regularly inspects and monitors nearly 19,000 retail grocery stores and related businesses. The MDARD also provides a searchable database where residents can look up potential food safety violations at nearby establishments.

Because there are so many local restaurants and small food service providers across Michigan, county and regional health departments take on the responsibility for local safety inspections. For instance, the Oakland County Health Department licenses and inspects area restaurants and food vending machines, and it maintains a dedicated email address where consumers can report suspected food poisoning incidents. Similarly, Washtenaw County has an inspection program to ensure its restaurants are meeting food safety expectations. For a statewide listing of all local health departments monitoring restaurant food safety, check this website’s interactive map, provided by the Michigan Association for Local Public Health.

How to stay safe whether you’re eating at home or dining out

Consumer Reports magazine offers a number of suggestions on staying safe from food poisoning at home and when you’re dining at a restaurant. Among their recommendations for home kitchens are to use multiple cutting boards to avoid cross-contamination between meats, vegetables, cheeses, and other food types; to thoroughly sanitize countertops and other food preparation surfaces; to use a meat thermometer to ensure your foods reach safe temperatures to kill any bacteria that might be present; and to disinfect refrigerator shelves regularly. When dining out, their experts suggest paying attention to be sure that hot foods are completely cooked and cold foods are properly chilled; sending any items you feel might be undercooked back to the kitchen for some added cooking time; avoiding buffets that could be unsafe due to temperature concerns; and not ordering rare or medium-rare beef products.

A number of university microbiologists have also shared helpful recommendations on ensuring food safety, which include regular hand-washing; not rinsing raw chicken or other meats prior to cooking; using proper methods to safely thaw frozen food; and regularly replacing kitchen sponges among several other useful tips.

It’s also important to observe “use by” dates on such refrigerated foods as dairy products, fish and shellfish, ground meats, mayonnaise, and other items which are subject to quick spoilage. Additionally, you can check the safety of any potentially suspicious food items by visiting a variety of government websites, including FoodSafety.gov, managed by the U.S. Department of Health & Human Services, and the U.S. Food & Drug Administration’s website dedicated to food safety.

Can you sue if you’re harmed by food poisoning?

You bet you can! Restaurants and food manufacturers are duty bound (and legally required) to provide safe foods to prevent customers from becoming ill after consuming their products. Product liability laws are specifically written to protect consumers from unsafe items, including tainted or contaminated foods and beverages. Furthermore, food providers, restaurants, and other dining establishments (such as bars or taverns) are required to observe and obey Michigan’s dram shop law which is intended to prevent proprietors from serving alcohol to minors – not to mention adults who are visibly intoxicated. Breaking that law also opens them up to legal action. Finally, any Michigan dining establishment serving the public must ensure that its customers are protected in other ways beyond just by providing safe food, which is why the state’s slip-and-fall laws are in place.

The bottom line is that if you or someone you love are injured by contaminated food – whether in your home or at a restaurant – or if you’re hurt by a fall due to negligence on the part of a property owner … calling the dedicated team of attorneys at Mike Morse Law Firm should be the first thing on your “menu.” Just pick up the phone and dial 855-MIKE-WINS (855-645-3946) to get us working on your case right away!