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Food poisoning injuries: Can I file a claim for damages?

Where you live and what you enjoy eating may determine how often you suffer from bouts of food poisoning in your life. If you live in Roseville, California, and you eat an average diet, your chances of getting food poisoning are rather slim -- that is, unless you eat food prepared or sold by a negligent restaurant, food manufacturer or food store.

There are different kinds of food poisonings depending on the type of foodborne bacteria that infects you. However, most instances of food poisoning are the direct result of:

-- Eating raw fish, fruits or oysters that have become contaminated;

-- Eating food that hasn't been kept at the appropriate temperature;

-- Eating meat that was undercooked;

-- Eating food prepared with dirty utensils; and

-- Eating food made by a cook with dirty hands.

If you've come down with food poisoning, you probably have a good idea of what made you sick. You may even have the right to pursue a financial claim against the restaurant, food manufacturer, grocery store or food seller responsible for giving you contaminated food. However, it can be difficult to prove a food poisoning claim against an at-fault party in court. That's because we all eat from a variety of sources every day, and it might be hard to prove beyond a reasonable doubt who was at fault.

A skilled personal injury lawyer may be able to help you prove your case. Especially in situations where a negligent restaurant made scores of people sick one night, doctors may be able to show that you had the same illness suffered by a number of your fellow restaurant patrons. Similarly, if a large food manufacturer makes many people sick, and you got sick after eating the same product, it could help you succeed.

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