Q: Would like to know the steps to get compensation for Food Poisoning.
My family and I bought some food items from a Shell Gas station. We got home, and cooked them in the microwave. After consuming it, we noticed it had mold in the middle of it. The next day we experienced vomiting, diarrhea, stomach pain, headache. We checked the packaging, and noticed the date on that item, and other expired like 2 months before we purchased it. We went to the emergency room, and they diagnosed us all with food poisoning. We have pictures of the moldy products, plus receipts.
We have been to the store to speak to someone to issue a report and provide their liability insurers info, but are told we have to speak to a owner, they're unable to provide his phone #, and not sure when he'll be in. Now we fill the need to sue for compensation, especially with unwanted medical bills now and the inconvenience. Not sure what to do now to get this matter resolved.
A:
As the plaintiffs, you will have the burden of proof to prove the food you purchased caused the poisoning you and your family suffered. The important evidence you will need are: Proof you purchased the bad food from the Defendant. Proof that the food was unhealthy, which may be proved by the doctors who examined your family, did tests, and have reached opinions within a reasonable degree of medical certainty that the food was the cause of everyone's illness.
Additional evidence might include saving the unused food. Photographs of the mold you discovered, and possibly lab testing of the remaining food.
If the doctors took a stool sample, and it tested positive for some pathogen, you have proof of the illness. And you must now prove the tainted food was the source of the pathogens.
Good luck with your claim.
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