An injury lawsuit has been filed against Dole Food Company by the daughter of an Ohio woman who’s fighting a coma after consuming Dole packaged salads. Angeliki Christofield fell ill in January after consuming a packaged salad that later tested positive for listeria bacteria by the Ohio Department of Health. In total, there are 18 known cases, with one death. However, listeria symptoms can take up to 70 days before developing, bringing the possibility for additional victims to come forth.
The outbreak has been linked to their Springfield, Ohio processing facility, which has since been shut down.
Food Poisoning: An Epidemic?
Unfortunately, if you were to ask a food poisoning attorney, you’ll hear that these types of cases aren’t uncommon. In fact, the CDC estimates 1 out of 6 Americans (48 million) get sick from food poisoning every year, and 3,000 will die. USDA officials have found that nearly 25% of cut up chicken and 50% of ground chicken is contaminated with salmonella. In addition, a study by Consumer Reports found that out of 257 samples of ground turkey, 90% of them tested positive for bacteria.
With such a high occurrence rate of foodborne illnesses, where does the burden of responsibility fall?
Manufacturer Neglect and Your Rights
This brings us to the question, can you sue for food poisoning? The multiple lawsuits brought against Jensen Farms for one of the deadliest listeria outbreaks can answer that question. When a person dies dues to the negligence of another, it may be considered wrongful death. Food poisoning cases can also be considered as a product liability claim. While laws vary by state, manufacturers can generally be held responsible for injuries caused by their products.
If you feel you’ve suffered food poisoning, immediately seek medical attention and do not throw away the food. Leftover food can be tested and used as evidence in a case.