We implicitly trust the food we purchase at New Jersey supermarkets, order at our favorite local restaurants, or are served at catered events. We expect that the farms, distributors, and chefs handling our meals are strictly adhering to state health codes and basic sanitation practices.
When those standards are ignored, the result is far more serious than a "bad stomach ache." Severe food poisoning is a violent, systemic infection. Foodborne pathogens like E. coli, Salmonella, Listeria, Hepatitis A, and Norovirus can ravage the human body, leading to severe dehydration, acute kidney failure (Hemolytic Uremic Syndrome), permanent neurological damage, and, in the most tragic cases, wrongful death.
If you have been hospitalized due to a foodborne illness, the restaurant or distributor will almost certainly deny responsibility. They will claim you caught a "stomach bug" elsewhere or blame a meal you cooked at home. At Pinnacle Injury Law, we do not let negligent food handlers gaslight our clients. We possess the scientific resources and aggressive litigation tactics required to trace the pathogen back to its source and hold the responsible corporations strictly liable for your suffering.
The Law: The New Jersey Product Liability Act (N.J.S.A. 2A:58C-1)
Litigating a food poisoning case in New Jersey generally falls under the umbrella of product liability. Under the New Jersey Product Liability Act, the food you purchase is legally considered a "product."
This provides injured consumers with a powerful legal tool: Strict Liability. In a strict liability claim, Pinnacle Injury Law does not necessarily have to prove that the restaurant or distributor was actively careless or negligent. We simply have to prove three things:
- The food was contaminated (defective) when it left the defendant's control.
- You consumed the contaminated food.
- The contaminated food was the direct, scientific cause of your illness and damages.
While strict liability is our primary weapon, we also routinely file claims based on Negligence (proving a restaurant failed to uphold reasonable health standards, such as a cook failing to wash their hands) and Breach of Implied Warranty (the fundamental legal promise that food sold to the public is fit for human consumption).
