California Man Arrested for Felony Food Poisoning

 Posted on December 02,2016 in Food Poisoning

In most cases, food poisoning occurs because of an individual or group's negligence. This can be a restaurant failing to maintain a sterile kitchen environment, a produce manufacture failing to clean produce thoroughly before packaging it, a grocery store failing to remove a recalled product from its shelves, or even the host of a party leaving food at room temperature for hours, allowing harmful bacteria to develop in it. These are all examples of ignorance around food safety or callous handling of food products.

Sometimes, food poisoning is the result of a much more sinister behavior: intentional tampering. Recently, a man in California was arrested and charged with food tampering after he was observed pouring an unknown substance on two self-service food bars on surveillance videos from a Baht Fresh Mexican Grill and a Raley's grocery store. His actions are believed to be the cause of a few cases of food poisoning, one of which caused a 12-year-old victim to be hospitalized. This came after a similar incident in Ann Arbor, Michigan, where a man was found guilty of intentionally tampering with food by spraying mouse poison on fresh produce and on dishes at hot food bars.

When Food Tampering Occurs, Who is Liable for Victims' Damages?

Food tampering cases are different from other food poisoning cases because with cases like this, an individual intentionally caused others to suffer harm, rather than causing them to suffer through carelessness. When an individual becomes ill because of food tampering, the party who tampered with the food is responsible, not the food's retailer.

Your case might not fall neatly within the bounds of personal injury. If the party responsible for your illness acted with the intent to harm, it may become a criminal case. Even with a criminal case, victims can recover compensation for their damages through civil claims. Talk to your lawyer about the difference between criminal and civil cases and their intersection. Even if the party who tampered with your food is not found guilty of a crime, he or she may still be deemed liable for your damages.

If you observe food tampering in a restaurant or food retailer or if you suspect that food tampering has occurred, tell a manager what you observed immediately. The manager can then determine how to handle the situation, which could mean closing that food station or removing the item from the shelf.

Work with an Experienced Des Plains Food Poisoning Attorney

If you have suffered from food poisoning as the result of another party's misconduct, whether intentional or not, you could be entitled to recover compensation for your damages such as your medical bills, your lost wages, and other expenses related to your illness. To learn more, contact our team of food poisoning lawyers at Newland & Newland, LLP to schedule your initial consultation in our office. We serve clients in the Arlington Heights, Palatine, Rolling Meadows, Libertyville, Mundelein, Buffalo Grove, Schaumburg, Elk Grove, and Itasca areas.

(image courtesy of Tudokin)