Is a Company Legally Responsible if I Eat Recalled Food?

LAW BLOG  •

May 12, 2016

Food recalls are big news these days. With hundreds of reported food, beverage, and dietary supplement recalls in 2015 , everything from produce to packaged goods can be a source of potentially harmful contamination. Alarmingly, the problem is not confined to one variety of company. Even large, well-regarded manufacturers issue recalls.

In 2015, several deaths and illnesses were linked to a batch of Blue Bell Ice Cream that was contaminated with listeria. Recalled food and beverages can cause serious illness and death. In light of the frequency of recalls, consumers should know how to proceed if they discover they have ingested a recalled item.

What to Do If a Product You Have Eaten Is Recalled

If you learn that a product you have recently consumed is being recalled, stay calm. There are many reasons a product may be recalled, and not all of them are likely to lead to serious illness. Additionally, just because a portion of a batch of products has been affected does not mean that the hazard will be present in every product in the whole batch.

Learn as much as you can about the recall, including warning signs of potential illness associated with any contamination. If the reason for the recall is bacterial or other contamination, pay attention to how you feel. Unfortunately, some illnesses caused by food-borne bacteria can take months to develop. Keeping a written record of anything that may be a symptom will help you keep track.

Potentially dangerous reasons for recalling food and beverage products include:

  • Bacterial contamination. Common varieties of illness-causing bacteria include Salmonella, Listeria, E. coli, and Botulism.
  • Undeclared allergens, such as nuts, dairy, or soy. Many allergens can cause life-threatening reactions. The FDA requires all of these ingredients to be listed.
  • Accidental inclusion of hazardous materials. In some cases, products may be recalled because of the risk of glass, metal, or other fragments.
  • Diseases caused by bacterial contamination, such as listeriosis and Salmonella poisoning can be fatal. They can also cause chronic health problems, leading to expensive medical bills and lost earning potential.

What to Do If You Get Sick from Recalled Food

If you begin to feel sick after consuming a recalled food item, seeking timely medical attention can minimize the impact of a food born illness or other contaminant. If the illness is mild, see your doctor for help determining the source. Provide the doctor with any information you have about the recall.

If your symptoms are severe, go directly to the hospital. It is vital to get treatment right away. Along with providing the necessary medical treatment, medical professionals can document your symptoms, which will help support your case if you decide to seek compensation for illness caused by recalled food.

Who Is to Blame?

If recalled food makes you sick, there are several parties who may be at fault, depending on the specific circumstances. A lawyer can help you determine who is responsible. Possible parties include:

  • The manufacturer of the product.
  • The distributor of the product.
  • The store that sold you the product.

While the Food and Drug Administration (FDA) is responsible for issuing recalls, it is not involved in the process of seeking compensation for illness as a result of consuming recalled products. In many cases, those responsible for selling you the recalled product can be considered liable for harm as a result of the product.

If you or someone you love has sustained an illness or injury from a recalled product, legal representation can advise you of the best way to seek compensation for your suffering. Contact the experienced Houston personal injury attorneys at Gordon, Elias, and Seely LLP for a free consultation today.

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