Few things feel as frustrating as opening a product you trusted, eating it and then getting violently ill hours later. Whether it was a bag of pre-washed salad or a frozen meal from the store, understanding who is legally responsible for your suffering is the first step toward recovery.
Who bears responsibility?
Under California law, food is treated as a consumer product for liability purposes. When a harmful foreign substance, such as bacteria, chemicals or glass, makes you sick, you may pursue a claim against any of the following:
- The company that manufactured or processed the food
- The supplier that handled distribution
- The store or restaurant that sold it
You do not need to prove where the contamination occurred to move forward. With sufficient evidence, the state allows you to bring claims against more than one party in the supply chain.
Which legal theories might support your claim?
The most common legal theories in food poisoning cases include:
- Strict product liability: This applies if a “foreign” contaminant (glass, metal, chemical residue, pathogenic bacteria introduced during processing) renders the food defective.
- Negligence: This is the primary argument if the substance was “natural” (naturally occurring bacteria) to the food. You must prove the defendant failed to use reasonable care in preparing or handling the item.
- Breach of warranty: This asserts the food was unfit for human consumption. You can typically pair this theory with strict liability for foreign contaminants.
California courts allow you to rely on one or more of these theories depending on the evidence. However, if a natural substance causes your injury, the court will generally limit your case to the theory of negligence.
What do you need to prove your case?
Building a food poisoning case often comes down to linking the food to the illness. First, it helps to show that you consumed a specific item and that it contained contaminants or defects. Holding onto packaging, receipts or even photographs of the product can go a long way toward establishing this link.
Medical records are another key piece. A doctor who identifies the pathogen behind your illness, such as Salmonella or E. coli, can help connect your symptoms to the food you ate.
California also generally gives you two years from the date of when you contracted food poisoning to file your lawsuit. Missing this deadline will likely result in your case being dismissed.