At catered events, most people don’t envision getting food poisoning. However, this happens more often than you may think. So exactly is held liable if a person gets ill at a catered event?
Why Did the Victim Get Sick?
Just because a person gets sick from eating food at a catered event doesn’t necessarily mean that the catering company will be held liable. For example, if a person ate meat that was sitting in the heat all day and became sick, he or she may be held partially responsible. A reasonable person should have been aware that meat that has sat out in the sun too long can make you sick.
The catering company would also be held responsible for letting meat sit out in the heat for that long.
Did the Victim Suffer Any Damages?
It isn’t considered negligence if the victim doesn’t experience physical injuries and economic damages. For example, if the food poisoning victim just had a stomach ache for a day, it might be enough to win a claim. The victim may be required to prove that the illness caused him or her to miss time from work or go to the hospital.
Was the Victim Allowed at the Event?
People on a premises are separated into three different categories. The first two categories include invitees and licensees and the third group consists of trespassers. Typically, trespassers don’t receive duty of care. If a trespasser became ill from the food at the catering event, he or she may not have the right to sue the caterer.
Were Other Parties Involved Before the Event?
If the company that supplied the caterer with food gave them contaminated food, the supplier may also be held responsible. If the thermometer used to measure the temperature of food didn’t work properly, the supplier of that tool could be held liable.
Determining liability in a food poisoning case can be tricky. There are many questions that need to be answered. That’s why it is important to hire an experienced personal injury lawyer. He or she can review the case for free and determine if the claim is viable. If a personal injury lawyer determines the claim is strong, he or she can help you gather necessary evidence to build your case. Contact a personal injury attorney such as the such as the Las Vegas personal injury lawyer who may also prevent insurance companies from trying to take advantage of you.
Thanks to authors at Nadia Von Magdenko for their insight into Personal Injury Law.