Las Vegas Injury Lawyers Blog

When dozens of runners from the Las Vegas "Rock and Roll" marathon posted on the event's Facebook page how they fell ill during and after the marathon, Southern Nevada Health District swooped in. Fecal samples from several runners were tested to determine if the runners had a gastrointestinal illness, the stomach flu, or some other disease. Over 800 of the marathon participants then were required to fill out an online health survey for the Health District. Competitor Group, the marathon sponsor, also began an investigation into its water distribution process, which included water stored in plastic lined garbage cans, and is used for all its marathons, after several runners questioned whether this process was the cause of their illnesses.

With millions of visitors each year and thousands of restaurants and food services, Las Vegas takes food safety seriously. Whether from running in a restaurant or dining at an eatery, if you believe you have suffered a case of food poisoning you need to know what to do.

Food poisoning symptoms can include nausea, vomiting, diarrhea, fever, and abdominal cramps or pain. Symptoms may begin immediately, within a few hours, or even days or weeks after eating the potentially contaminated food. Symptoms may last for a few hours to a day or even longer. When the symptoms are severe or include blood in the stool, continuous fever, trouble swallowing or speaking, vision issues, or muscle weakness, you should immediately seek medical attention. If your medical practitioner does not contact the health department, make sure you contact your local department to fill out a report so your potential case can be investigated and to also stop others from becoming ill.

Food poisoning disputes are usually based on a product liability assertion that the food was defective and the defect in the food caused injury. Under Nevada law, which is followed in Las Vegas, the three product liability assertions are strict product liability, negligence, and breach of warranty. If the food poisoning causes a fatality, affected families may also have a wrongful death lawsuit. Food poisoning disputes based on product liability must be brought within four years of the date on which the injury occurred. A Nevada wrongful death action must be filed within 2 years of the date of death.

Regardless of which cause of action is pursued, proving you have suffered food poisoning is a challenge because of the time delay between when the food was eaten and when one becomes ill, or seriously enough ill to visit a medical practitioner. If the food that is alleged to have caused the poisoning is not available for testing, lab tests on the individual must be done to show there is some type of bacteria, virus, or parasite present in the body. Generally, anyone involved in the food's chain of distribution from processing to the ultimate seller may be responsible for damages.

Continue reading "Food Poisoning is a Safety and Legal Issue" »

Food poisoning can not only cause significant injury, and in some severe cases even death, it can also put a major financial burden on victims in terms of lost wages, medical costs, and other expenses. According to the CDC, though, only a small number of food poisoning cases are reported. Of the cases reported, however, "norovirus was the most common agent and salmonella was the second most." While poultry, beef, and fish are often the top three culprits, food poisoning can also occur from contaminated fruits and vegetables, and any products using any of these food items.

Food contamination can occur in the harvest, sanitation, preparation, or storage processes. According to the Nevada Department of Health and Human Services Health Division the 5 major risk factors that contribute to food borne illnesses are improper handling temperatures, inadequate cooking, contaminated equipment, food from unsafe sources, and poor personal hygiene.

If you believe you have suffered from a food poisoning injury, it is important to consult a Nevada attorney as soon as possible to protect your rights. A Nevada attorney specialized in food safety issues will review your case, contact the proper health authorities to prevent further outbreaks, ensure you receive adequate health care, and file a case against anyone who may be the cause of the food defect.

In Nevada, food poisoning cases generally fall under a product liability assertion - strict product liability, negligence, or breach of warranty. Under strict product liability, once it is proven that the food product was defective and that the defective product caused injury, the manufacturer or supplier is liable. That the manufacturer or supplier exercised sufficient care to ensure the safety of the food is not a defense to strict product liability.

In addition to alleging strict product liability, food poisoning victims can also bring a cause of action against a manufacturer or supplier on the basis that the manufacturer or supplier was negligent (did not take enough care or perform enough safety procedures) over the food product to ensure the food product was not contaminated, that such lack of care caused the food to be contaminated, that the contamination caused injury, and there are damages. Though Nevada has not adopted a specific test in determining the manufacturer's or supplier's negligence the standard of proof is that the manufacturer or supplier failed to exercise "reasonable care."

Breach of warranty occurs in a food poisoning case when an express or implied warranty from the manufacturer or supplier that the food product is fit for consumption is violated.

If a victim dies from food poisoning, a wrongful death suit may also be brought by the victim's family and/or loved ones. If it can be shown that a large group of people became ill from a food defect, the victims may join together and file a class action lawsuit.

Continue reading "The Causes of Actions in a Food Poisoning Case" »

Recently, the Southern Nevada Health District announced that the result of its restaurant inspections are now available, free, on the District's website. This tool has been helpful in tracking major restaurant violators of Nevada health laws.

Our law firm handles food poisoning cases throughout Nevada and, particularly, in Las Vegas. We currently are investigating a lawsuit against a well-known strip hotel as a result of our client contracting Salmonella and Campylobacter, among other ailments, as a result of eating in that the hotel. Food poisoning, in its most severe forms, can have tragic effects on the lives of its victims. Please feel free to contact us at 866-414-0400 for a free consultation with one of the attorneys from our Las Vegas office.