Posted on June 19, 2020 in Food Poisoning
When people mention the health risks associated with eating nuts, allergies may be what first comes to mind. Many parents are aware of how exposure to nut products can endanger children with nut allergies. Food manufacturers and sellers can be liable if a person has an allergic reaction because the product did not disclose that it contained nuts. However, there have also been several instances in the U.S. of food poisoning that is related to nuts being sold in stores. Though they are rarer than allergic reactions, the outbreaks can be harmful to those who consume the contaminated nuts.
Illinois Company Recalls Macadamia Nuts
NOW Health Group Inc. has voluntarily recalled packages of macadamia nuts because of potential salmonella contamination. The Illinois-based company discovered the contamination when testing one of its macadamia nut lots, some of which had already been packaged and sent to retailers. The recall applies to packages that are labeled “NOW Real Food Raw Macadamia Nuts” with a best by date of 01/2021. Symptoms from a salmonella infection can take six hours to six days to appear and usually include diarrhea, cramping, and fever. Severe cases may require hospitalization or antibiotics.
Though this case applies to macadamia nuts, past food poisoning cases have involved a variety of shelled and unshelled nuts:
- In 2000, 177 people were sickened because of a salmonella outbreak in almonds.
- In 2010, at least seven people became sick from eating hazelnuts that contained a strain of E. coli.
- In 2018, two tons of pistachios were recalled due to salmonella contamination.
Many nuts fall onto the ground before they are harvested, which can expose them to harmful bacteria in the soil. If not properly cleaned and treated, the nuts may still carry these contaminants when they reach store shelves. Removing the shell may not protect you from food poisoning because the bacteria from the shell can contaminate the meat when the nuts are being processed.
Contact an Illinois Food Poisoning Lawyer
Allergic reactions and food poisoning can have similar symptoms, but you are unlikely to have suddenly developed a nut allergy as an adult if you did not have one as a child. Once you have identified your reaction as food poisoning, you have the option of seeking compensation from the company that manufactured the contaminated product. An Illinois food poisoning attorney at Newland & Newland, LLP, will explain how you can prove that a manufacturer is liable and what you can expect to receive in a lawsuit. To schedule a consultation, call 312-981-0409.
Source:
https://www.prweb.com/releases/now_health_group_inc_voluntarily_recalls_now_real_food_raw_macadamia_nuts_because_of_possible_health_risk/prweb17188313.htm
FAQs
Food poisoning compensation law is governed by the Consumer Protection Act 1987, which states that food retailers must provide food free from any harmful bacteria. If an outlet has failed to do this, then they are liable, even if it cannot be proved that they did anything wrong during the food preparation process.
How much is the average food poisoning settlement? ›
In the majority of instances, payout settlements fall between a couple of hundred to thousands of dollars. For a more precise estimate of holiday sickness compensation or food poisoning case settlements, consult a lawyer.
Do people sue for food poisoning? ›
Depending on the circ*mstances, a food poisoning case can be both a criminal and a civil matter. Food poisoning lawsuits are most commonly civil cases. A victim of food poisoning files a civil suit to recover compensation for damages such as medical treatment, lost income, pain and suffering, and other related costs.
What are the 5 main faults resulting in food poisoning outbreaks? ›
According the Center for Disease Control (CDC) the cause of most foodborne illnesses can be attributed to one of the following; unsafe food source, time/temperature abuse, failing to cook food correctly, practicing poor personal hygiene, and using contaminate equipment.
How much compensation can I get for food poisoning? ›
Individual settlements for food poisoning lawsuits can range from a few thousand dollars, to sometimes over $500,000. These figures are very reliant on the details of each individual case. It is best to consult with an attorney to get a better estimation of your potential case value.
How to get money back from food poisoning? ›
The Different Legal Claims You Can File Due to Food Poisoning
- A strict liability claim.
- A negligence claim.
- A breach of warranty claim, and.
- State-specific claims under food safety or consumer protection laws.
General liability insurance helps to protect against risks faced by businesses in the food service industry every day. Accidents like a server spilling coffee on a customer's laptop or a customer getting food poisoning from undercooked poultry would be covered by this policy.
How do I deal with a food poisoning claim? ›
Do not apologize. Apologizing to the customer is acknowledging guilt to the court. You can say, “I am sorry you are not feeling well,” but do not say, “I am sorry the food made you sick.” Instead, collect information. Ask the customer what they ate that made them sick and when their symptoms started.
How many hours does it take for food poisoning to settle in? ›
Symptoms from the most common types of food poisoning will often start within 2 to 6 hours of eating the food. That time may be longer or shorter, depending on the cause of the food poisoning. Possible symptoms include: Abdominal cramps.
Can you dispute food poisoning? ›
If you suffered from food poisoning after the meal you are entitled to claim that the food was negligently prepared resulting in your illness.
Common Food Poisoning Symptoms
Cramps in your stomach and gut, diarrhea, and vomiting may start as early as 1 hour after eating tainted food and as late as 10 days or longer.
How do you prove you got food poisoning from a restaurant? ›
And of course, you could have picked up the bacteria or toxin from some other source. One way to establish this critical link is to visit your doctor and have urine, stool, or blood samples scientifically tested for food poisoning.
What are the 4 C's of food poisoning? ›
The 4Cs, Chilling, Cleaning, Cooking and avoiding Cross-contamination are all factors in helping to keep you safe.
What is the fastest way to flush out food poisoning? ›
There is no single treatment that will speed up recovery, Dibba said. It takes time for your body to flush out the toxins causing the food poisoning, usually 24 to 48 hours. To keep yourself comfortable and avoid dehydration, Majlesi recommended staying constantly hydrated.
How to heal your gut after food poisoning? ›
Lifestyle and home remedies
- Let your stomach settle. Eat after your stomach is settled and you are hungry again.
- Replace fluids. Replace fluids with water, sports drinks, juice with added water or broths. ...
- Ease back into eating. ...
- Avoid certain foods and substances until you're feeling better. ...
- Rest.
Holiday Illness Compensation Amounts
Holiday illness from food poisoning with some disabling pain, £1,110 to £4,820 compensation. As above but with significant discomfort, £4,820 to £11,640 compensation. Short-lived illness from food poisoning, £11,640 to £23,430 compensation.
Should a restaurant reimburse you if you get food poisoning? ›
Filing a claim with the restaurant's insurance provider: Most restaurants carry liability insurance to cover incidents like food poisoning. Your attorney can file a third-party product liability claim with the restaurant's insurer seeking compensation for your damages.
Can you claim food poisoning on your insurance? ›
If you find yourself needing urgent medical attention, a Personal Accident Plan can help alleviate the financial burden. Hospitalisation costs: Should food poisoning lead to hospitalisation, all related pre- and post-treatment will be covered. These out-of-pocket expenses can be covered by your PA plan.
When people mention the health risks associated with eating nuts, allergies may be what first comes to mind. Many parents are aware of how exposure to nut products can endanger children with nut allergies. Food manufacturers and sellers can be liable if a person has an allergic reaction because the product did not disclose that it contained nuts. However, there have also been several instances in the U.S. of food poisoning that is related to nuts being sold in stores. Though they are rarer than allergic reactions, the outbreaks can be harmful to those who consume the contaminated nuts.