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Under our system of law, a person injured by food poisoning has to prove three things in order to make a successful claim:

• Fault - that the food seller or processor did something wrong with regard to food processing, preparation, storage or handling.
• Causation - the fault of the seller or processor caused the food to become contaminated and that the contaminated food actually caused the illness.
• Damages - the harms and losses suffered by the victim as a result of consuming the contaminated food.

Food Poisoning Symptoms may include upset stomach, diarrhea, fever, nausea, vomiting, abdominal cramps, headache, weakness, and dehydration. The symptoms may appear several hours to several days after ingesting contaminated food. Typically, food becomes contaminated with a microbial pathogen as a result of improper food processing, handling, preparation and/or storage. According to the U.S. Centers for Disease Control and Prevention (CDC), the most commonly recognized foodborne infections are those caused by the bacteria

Under current U.S. law, consumers who suffer a food borne illness can seek monetary compensation for their injuries through the courts. Companies responsible for producing/distributing defective food products can be held liable for medical costs to ill consumers, and may incur other costs such as legal fees, higher insurance costs, and lost market share and profits.