Filing a Claim for Food Poisoning in North Dakota

Restaurants, hotels, grocery stores, and any other businesses involved in creating and delivering food may be responsible if you become ill from consuming their products. These businesses have a duty to understand the different types of organisms that can make consumers sick – and to take proactive steps to protect against food-borne illness. If you become ill or a loved one dies due to preventable food poisoning, you have a right to hold those responsible accountable by filing a personal injury or wrongful death action. Accountability means that these food manufacturers, processors, and preparers should pay for your medical bills, pain and suffering, lost income, and other damages.

What is food poisoning?

 The Mayo Clinic defines food poisoning as a type of foodborne illness caused by consuming food or beverages contaminated with bacteria, viruses, parasites, toxins, molds, and other substances.

The timing of any symptoms varies depending on the type of contaminant. Symptoms may appear within 15-30 minutes, 48 hours, or a week or two.

Some of these organisms and their sources include:

• Bacillus cereus (a bacterium). This type of food poisoning occurs when food sits at room temperature for too long
• Campylobacter (a bacterium). This disease is due to raw or undercooked poultry, shellfish, and unpasteurized milk
• Coli (a bacterium). Common causes include undercooked meat, contaminated water, and unpasteurized milk or juices
• Other bacteria, including listeria, salmonella (often due to eggs, poultry, and dairy products), shigella, staphylococcus aureus, and vibrio
• Viruses, including hepatitis A, norovirus, rotavirus
• Shellfish poisoning

How do foods become contaminated?

Food can become contaminated with a foodborne illness at various stages, including growing, harvesting or catching the food; processing and shipping the food; storing the food; and preparing the food. A few of the common causes that restaurants and other food businesses need to take steps to prevent include:

• Improper handwashing. Contaminants from feces related to unwashed hands after using the bathroom can contaminate food.
• Failing to disinfect cooking and eating areas. The cutlery, kitchen tools, and cutting boards should be properly sanitized on a regular daily basis.
• Faulty storage. Food should be properly stored at the correct temperature in refrigerators or freezers to prevent spoiling.

Other causes of food poisoning include:

• Failing to cook the food at a temperature high enough to kill dangerous organisms.
• Cross-contamination – the transfer of organisms from one surface to another surface
• Serving food beyond the food’s expiration date.

What are the symptoms of food poisoning?

According to the Mayo Clinic, some of the symptoms of food poisoning include an upset stomach, diarrhea, stomach pain and cramps, vomiting, fever, and headaches. Other less common but often very serious symptoms include poor vision, difficulty swallowing, weakness, inability to move one’s limbs, numbness, tingling, and voice changes.

Parents should seek medical help for their children if their child shows signs of dehydration (vomiting and diarrhea), little or no urination, unusual thirst, behavioral changes, bloody or black stools, high fever, and other symptoms.

Adults should seek emergency care for a fever of 103 degrees Fahrenheit, diarrhea lasting more than three days, changes in behavior, signs of dehydration, and other symptoms.

How do the CDC and other federal and state agencies help when food poisoning occurs?

The US Centers for Disease Control and Prevention (CDC) takes an active role in the detection of foodborne outbreak investigations, obtaining the necessary evidence to show why food is causing illnesses and informing the public. The CDC works with state and local partners. Some of the other federal agencies involved when foodborne illnesses occur include:

• The U.S. Food and Drug Administration’s (FDA) Coordinated Outbreak Response and Evaluation Network
• The U.S. Department of Agriculture’s Food Safety and Inspection Service(USDA-FSIS).

Recent food poisoning outbreaks

Several recent food poisoning outbreaks include the following:

                   Contaminated Food                                       Germ

• Ready-to-Eat Meat and Poultry Products Listeria monocytogenes
• Organic Carrots coli O121
• McDonald’s Quarter Pounders coli O157:H7
• Organic Walnuts coli O157
• Cucumbers Salmonella Typhimurium
• Eggs Salmonella Enteritidis
• Cucumbers Salmonella Africana
• Fresh Basil Salmonella Typhimurium
• Diamond Schruumz Chocolate Unknown

McDonald’s Quarter-pounders

A review of the McDonald’s recall shows that the CDC acts quickly. The investigation began on October 23, 2024. The investigation encompassed 14 states. One person died, and 34 people were hospitalized. There were 104 cases. Most of the illnesses occurred between 9/29/2024 and 10/13/2024. The CDC states that the actual number of affected people is likely much higher since many people don’t report their illness. The CDC did issue a recall. As of 12/3/2024, the CDC reports that the outbreak is over.

The symptoms of the E.Coli illness due to McDonald’s Quarter-pounders or other foods include stomach cramps, diarrhea (often bloody), and vomiting  – that usually starts in 3 to 4 days and ends in another 5-7 days.  “Some people may develop serious kidney problems (hemolytic uremic syndrome, also called HUS)” that require hospitalization.

Ready-to-Eat Meat and Poultry Products

The CDC reports that there is an ongoing investigation of several strains of listeria involving Yu Shang Food ready-to-eat meat and poultry products produced before October 28. 2024. There is an active recall. This means that businesses should not sell or serve these products.

Listeria is especially harmful to people who are pregnant, 65 or older, or have weak immune systems – because listeria is “more likely to spread beyond their gut to other parts of their body, resulting in a severe condition known as invasive listeriosis.” Listeria symptoms often begin within two weeks but can begin the same day a person eats the contaminated food – or as late as 10 weeks after consumption.

• “People who are pregnant usually have fever, muscle aches, and tiredness.
• People who are not pregnant usually have fever, muscle aches, and tiredness. They may also get a headache, stiff neck, confusion, loss of balance, or seizures.”

What do I need to prove to file a food poisoning lawsuit?

Some viruses mimic food poisoning, so one of the issues that you must prove is that your illness came from contaminated food. If evidence shows that the food poisoning is due to food that is improperly harvested, made, caught, or distributed, our Minot personal injury lawyers may file a strict liability claim.

To make this claim, you must show that the food is defective in the way it was made or sold and that the defect is the cause of your food poisoning.

In cases involving poor food preparation, such as when you become ill after eating food at a restaurant, we may file a negligence claim against the preparer in which we work to show the preparer failed to comply with local safety standards or food industry standards – and that their negligence is the cause of your illness.

In either case, you will likely require medical records that support your claim, which might include tests that indicate that you are sick because of a bacteria that tends to infect people because of contaminated food. Also, if multiple people became sick after consuming the same food, this might help to indicate that the food is to blame.

How do you fight for food injury victims in North Dakota?

Our personal injury lawyers understand some of the unique challenges involved in food poisoning claims and are ready to help build your case by taking actions such as:

• Obtaining samples of the food for examination. This is generally easier if the food poisoning is due to food prepared on a mass scale for distribution but harder if the food poisoning is due to a poorly prepared meal where the food is consumed.
• Speaking with other diners and other consumers who became ill in the same way that you did.
• Review your illness with your physician (or physicians we may recommend) to show that your illness was due to specific contaminants, specific food that you ate, and food that you consumed at a specific time.
• Other methods depend on your type of illness, where you likely digested the contaminants and other factors.

Generally, restaurants, grocery stores, and other employers are vicariously/directly liable for the negligence of their employees. We also work to show the failure of food growers, distributors, and preparers to:

• Have policies and procedures in place to prevent food poisoning
• Store food at the correct temperatures, the correct times to avoid expiration, and other safety situations
• Ensure the staff uses proper hygiene
• Examine the facility’s sanitization methods
• Comply with federal or state safety and health codes

Our personal injury lawyers demand compensation for all your medical expenses, including ER care, hospitalizations, surgeries (such as pumping the food from your body), doctor visits, and rehabilitative care. We also demand compensation for any income you lose while receiving treatment, your pain and suffering, and any other bills.

In cases where a loved one dies due to preventable food poisoning, our team can file wrongful death complaints. If you or a loved one developed food poisoning, Larson Law Injury & Accident Lawyers is ready to help you today. Our Minot personal injury lawyers have been strong advocates for accident victims for 45 years. We have the experience and resources to hold wrongdoers accountable. Please call our offices or fill out our contact form to schedule a free consultation in Fargo, Minot, or Bismarck.