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Listeria Lawsuit

Listeria monocytogenes is a type of bacteria that can contaminate food, and when eaten causes a life-threatening infection known as listeriosis. Unlike many other germs, listeria can continue to thrive in cold temperatures, making it that much more dangerous. The people most at risk for listeriosis are pregnant women and their newborns, adults 65 and older, and people with weakened immune systems, according to the Centers for Disease Control and Prevention (CDC). 

Our Listeria attorneys at The Lange Law Firm, PLLC are skilled litigators that represent individuals or families of loved ones who are victims of this deadly bacterium. For help securing the financial award you deserve, contact us online or at (833) 330-3663. 

7 Reasons You Should File a Listeria Lawsuit

  1. The food you eat shouldn’t make you sick.
  2. You likely have medical bills. You shouldn’t have to pay for someone else making you sick.
  3. You lost work, and likely wages. You deserve to get compensated, so you can pay your bills.
  4. You likely have other harms and losses. You deserve to be compensation for those, too.
  5. Everyone wants to know what happened – what food product was involved, how you got sick, etc. A lawsuit can help uncover those mysteries.
  6. Filing a lawsuit tells a company that it is not ok that they have bad food safety practices.
  7. Make Food Safer. You can help prevent Listeria outbreaks from happening in the future.

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Why Choose Our Listeria Attorney?

Our firm understands that listeria can profoundly affect your life and that of your loved ones. A few of the reasons why clients choose to work with The Lange Law Firm, PLLC are: 

  • We have significant experience advocating for victims of contaminated food and have secured millions in compensation for our clients.
  • Food sold by companies for a profit should be safe to consume, and we are not afraid to go toe-to-toe against those corporations to hold them accountable.
  • We dedicate our practice to food safety and represent clients nationwide.
  • We are honored when our clients place their trust in us, and we in turn treat them like family.

Do I Have a Listeria Claim?

If you have eaten food contaminated with Listeria monocytogenes and became severely ill, you may have a claim. Any party involved in the chain of distribution of the contaminated food may be liable for your damages. There are three legal theories under which you can base your case. Those include: 

  • Strict Liability: negligence on behalf of the manufacturer does not need to be established; only that you became ill from the contaminated food. 
  • Violation of Implied or Expressed Warranty: the mere fact that a food product is contaminated with any type of bacteria violates the manufacturer’s promise, whether implicit or expressed, that the product is safe to consume. 
  • Negligence: it must be proven that the manufacturer failed to exercise the standard of care expected of them. For example, poor maintenance or improper inspection of the facility prior to distribution, distributing undercooked food, or continuing to sell food that was known to be contaminated. 

The theory of strict liability is typically easier to prove than negligence. However, some states require proof of negligence. An attorney with experience handling Listeria lawsuits can assess the facts that are specific to your case and help you craft the best legal strategy. 

How Much Is My Listeria Case Worth?

The value of a listeria case, similar to other product liability claims, is not so easy to narrow down. This is due to the fact that juries often arrive at different verdicts, even under the same set of circumstances. An experienced lawyer can offer you a realistic valuation though. Making a proper assessment will depend on numerous factors, including but not limited to the following: 

  • The severity and permanence of your illness and symptoms.
  • The extent to which your ability to earn money in the future will be affected by your infection.
  • Your medical costs, including estimated costs of future care.
  • The extent to which the infection impacted your marriage, where applicable.
  • The strength of the evidence supporting your claim.

Some states have laws that place caps on the amount of damages available to product liability claimants. Most do not limit economic damages (calculable losses), but rather the non-economic (e.g. pain & suffering) and/or punitive damages. 

Who Can Be Held Liable in a Listeria Lawsuit? 

Compensation can potentially be recovered from any party that participated in the chain of distribution. For example, the following businesses may have mishandled your food:

  • Farm, orchard, or other food production facility
  • Manufacturers or producers
  • Distributors
  • Vendors
  • Grocery stores
  • Food prep workers
  • Chefs and cooks
  • Restaurant owners

The CDC will investigate potential Listeria outbreaks with the use of a traceback process, in an attempt to identify the contaminated product. Our food safety attorneys will also conduct an independent investigation to carefully search for the origins of your illness. Once we discover a link, the next step is determining at what point the food became contaminated and which parties are responsible. If city health officials are aware of other reported cases of listeria connected to the same product or restaurant, it will be very beneficial to your claim, as it establishes causation. 

Should I Hire an Attorney for My Listeria Claim?

If you are severely ill from your listeria infection, hiring an experienced attorney will give you the ability to focus on your recovery while they handle the legal process. Your rights will be protected, and you will be shielded from the stress that goes along with filing a claim. Listeria claims are typically complicated and require knowledge of the applicable product liability laws, as well as local court rules and legal procedures. Your lawyer will handle your claim from start to finish, including:  

  • Determining which food product you consumed was contaminated, when it was mishandled, establishing who is to blame, and gathering evidence to build a strong Listeria lawsuit. 
  • Negotiating with and standing up to at-fault parties and insurance companies when they attempt to deny responsibility or offer a lowball settlement. 
  • Bringing in experts to assess the strength and value of your case, as well as testify on your behalf. 
  • Finding out if there are similar cases to yours, to help to establish causation.
  • Taking your listeria case in front of a jury, if necessary.

Additionally, a lawyer will be key to your success if there are different individuals or entities that are potentially liable. Multiple at-fault parties means that several insurance companies and policies will be involved in the claim. Since insurers often make it as difficult as possible to get the money you deserve, you will definitely want someone in your corner. 

Many food safety attorneys, including our firm, will represent you on a contingency fee basis, which means you don’t need to pay us unless, and until we win your case. We will advance all costs necessary to handle your case, from initial investigation all the way through trial. We only get paid through the winning settlement from the insurance company or jury verdict. 

What Damages Can I Recover in a Listeria Lawsuit?

When a listeria lawsuit is successful, the types of damages that you can obtain may include: 

Economic Damages

  • Medical bills and expenses (current and future), such as hospitalizations, doctor visits, ongoing treatment, prescription medications. 
  • Lost wages while you recover (current and future)
  • Lost earning capacity

Non-Economic Damages

  • Pain and suffering
  • Emotional/Psychological distress
  • Disability, if your infection is particularly severe
  • Loss of enjoyment of life

Punitive Damages

These damages are awarded to victims and meant as a punishment to the defendant, with the hopes of preventing similar actions in the future. They are most often used in cases involving extremely reckless or negligent behavior, or if the victim is intentionally harmed. 

Our experienced litigators will demand all available damages, to obtain the maximum amount of compensation you are justified. If a loved one has been lost from listeria, we can help you pursue a wrongful death lawsuit and recover funeral and burial costs, lost financial support, and more.

When Should I Contact an Attorney?

If you are diagnosed with listeriosis, contact a lawyer as soon as possible. First get the medical treatment you need, then do research on attorneys and take advantage of free, no-obligation consultations to find one that you like and trust. When you have significant medical bills or are missing time off work because of your illness, getting a case started with a lawyer can help you get compensated more quickly. The liable party’s insurance company will likely contact you and may pressure you into saying something you don’t want to or shouldn’t. A lawyer can prepare you for this, as well as keep you from settling for far less than the amount you are warranted. 

Depending on the state, the statute of limitations or time limit for filing a listeria lawsuit, can be as short as two years. The clock typically starts running when evidence of liability is detected. For example, if multiple people are diagnosed with listeriosis over several years, and it takes just as long to identify the outbreak’s source, then the statute of limitations will begin at the point when the discovery is made. Victims who became ill years earlier will still have the ability to file a claim. When the clock runs out, you will be barred from pursuing any type of compensation. 

Contact Our Firm Today

Contact The Lange Law Firm, PLLC if you or a family member has contracted listeria and wish to pursue a Listeria lawsuit. Our team is accepting listeria cases across the country, and fighting for people who have suffered from contaminated food. We offer free and confidential consultations, call (833) 330-3663 or reach us online today.