Part III of III: #2 Legal Theories That Apply in Food Injury Cases to Obtain Compensation

Unfortunately many people who are victims of food injuries do not realize they have a claim nor the manner in which to be compensated. However, this is not the case.

An overwhelmingly majority of vendors of food products (i.e. restaurant, distributor, and manufacturer) have a General Liability insurance policy that covers food injuries.

The typical coverage is for one million dollars ($1,000,000.00) based on various legal theories.

Here are the #2 most utilized legal theories in food injury cases that are covered by General Liability insurance:

  1. Negligence
  2. Warranty


In the negligence cause of action against the entity responsible for the food injury you must: 1. Defendant had a duty to properly handle the preparation and serving of the food pursuant to rules, regulations and codes that govern such activity; 2. Defendant breached that duty by failing to properly following the various food preparation guidelines; 3. the failure to properly prepare and handle the food is what caused the food injury and 4. As result of the food injury, the victim suffered compensatory and non-compensatory damages.


This is cause of action is known as an implied warranty of fitness for human consumption to food. It examines whether the food that caused the injury was to reasonable expectation of the customer and/or the food was “merchantable”.

Lastly, one of the key elements that must be shown is damages. Your injury and damages need to document medical records, medical bills, loss wages (past, present & future), pain & suffering (past, present & future), medical expenses (past, present & future).

Based on the above we can provide with a case value that we can assert and defend to an insurance adjuster or jury.

We are experienced personal injury trial lawyers in State and Federal Court. Insurance companies take us seriously. We fight to obtain the maximum compensation for you.

Contact us now for a free and confidential consultation to discuss your food injury case.

It does not cost you anything to hire us.

We are compensated only if we win.

We are here for you and your loved ones 24/7 because emergencies do happen.

Author: Gil Sanchez, Esq.

CEO & Senior Trial Attorney

Personal Injury | Complex Civil Litigation | Civil Rights

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