Personal Injury – Food Poisoning

Personal Injury – Food Poisoning

When you are served food in a restaurant you should never have to be concerned about getting sick. You should never have to worry about that “funky” smell…unless of course it’s an awesome cheese! Yum!

However if that “funky” smell indeed is something other than cheese, it may be a sign that a personal injury could soon be eminent, caused by food poisoning.

Food poisoning is also referred to as food-borne illness. This happens when you consume food that is contaminated or tainted with viruses, bacteria, parasites or other forms of toxins. When you serve this tainted food, the results may range from slight discomfort to serious injury. The injured person may have any or all of these symptoms:

• Nausea
• Vomiting
• Fever
• Chills
• Diarrhea
• Abdominal cramping

Governments have enacted laws and regulations to try and provide protection for consumers and as a result the food service industry has really evolved over the years. It really has become a science. Look at some of the ServSafe® Food Safety Management Training concepts:


The Importance of Food Safety (it wasn’t important before?)

Preventing Cross-Contamination (Contamination?!? What’s to contaminate? My food!?)

H.A.C.C.P. (Hazard Analysis and Critical Control Points) (Hazard? You’re talking about my dinner here!)

Food Safety Regulations (Regulations for what? What’s not safe about my food?)

Training like ServSafe® is not foolproof. Food service involves humans, and as such that means that things can happen, good ole’ human error. Maybe the cook put the raw chicken in the same container as the carrots (cross-contamination). Perhaps the cook forgot to wash his hands (Hand washing rules). Maybe the hostess is spraying a cleaning agent dangerously close to your delicate beet salad (Hazard control point?)

In these instances the determination about exactly who is responsible has to be made. If a restaurant’s employee is negligent, the restaurant may be held strictly liable for the injuries caused by that negligence.

Or maybe that “funky” smell IS just an awesome cheese.

Michael Yen is a Paralegal student at Centennial College in Toronto studying professional communications with Omar Ha-Redeye.

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