July 24, 2008

(Chicago, Ill.) – As the Food and Drug Administration this week pinpointed jalapeno peppers as containing the strain of salmonella responsible for the nationwide outbreak that sickened at least 1,251, the latest data from the Chicago Department of Public Health show that 42 people in Chicago were affected by the outbreak.

However, nobody knows how many more people may have been sickened by this vicious strain of bacteria without realizing it.

Jeffrey J. Kroll, principal at the Law Offices of Jeffrey J. Kroll, has represented plaintiffs in food-poisoning and other personal injury cases. He answered the following questions about how people can tell if they qualify for a food-poisoning lawsuit:

Q: What's the first step people should take if they suspect they have food poisoning and want to take legal action?

A: First things first -- contact your local health department, or if your symptoms are severe, go to the nearest emergency room or visit your doctor. If you know others who have similar symptoms, urge them to contact the health department.

Q: How can a person prove they were poisoned by a certain food?

A: Your doctor will prescribe lab tests to determine if you have food poisoning, and the health department will conduct an investigation into the source of the tainted food. Keep any leftovers for possible testing, as well as receipts showing that you purchased the suspected food.

Q: What is a restaurant's legal responsibility?

A: A restaurant is responsible for injuries caused by its food, even if the source of the illness is produce that was contaminated before it reached the restaurant. Restaurants may be liable for victims' medical expenses, lost income, permanent disability and pain and suffering.

Q: Should everyone who's been a victim of food poisoning file a lawsuit?

A: It depends. If you were sick only a few days and were not permanently harmed, the costs of formal litigation would probably exceed the damages awarded. However, if the food poisoning resulted in months of lost income, permanent nerve or muscle damage, large medical bills or death of a family member, you would definitely want to consider pursuing a case.

Jeffrey J. Kroll opened the Law Offices of Jeffrey J. Kroll in 2007 and has 17 years of experience as an attorney. He is AV Peer Review Rated, Martindale-Hubbell's highest peer recognition for ethical standards and legal ability. For more information about Kroll's work with personal injury and wrongful death cases, visit www.kroll-lawfirm.com.