Contaminated Food Claims Attorney in West Palm Beach

If you’ve suffered from food poisoning or contaminated food, call (561) 684-6330 to speak with our experienced West Palm Beach food contamination lawyers. Free consultation – no fees unless we win.

Serving Palm Beach County and the Treasure Coast.

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Contaminated Food Claims

Our firm has handled a wide variety of food contamination claims and other food safety litigation. Brian Smith, a partner with Smith & Vanture, was lead counsel in litigation against McDonald’s for their failure to disclose that their French fries and hash browns contained major food allergens. Mr. Smith was also active in litigation against Con Agra, the manufacture of Peter Pan peanut butter, when there was a major outbreak of salmonella illness related to the peanut butter.

“Food poisoning” or foodborne illness occurs when food contaminated with bacteria or other pathogens, such as Salmonella or Listeria is consumed. Symptoms of food contamination may include upset stomach, diarrhea, fever, nausea, vomiting, abdominal cramping or pain, headaches, weakness and/or dehydration. The symptoms may appear several hours to several days after eating contaminated food.

Typically, food becomes contaminated as a result of improper food processing, handling, preparation and/or storage. According to the U.S. Centers for Disease Control and Prevention (CDC), the most commonly recognized foodborne infections are those caused by the bacteria Salmonella, Escherichia coli (commonly known as E-Coli), and Listeria, as well as a group of viruses called noroviruses.

Food poisoning or food contamination lawsuits are complex and require expert analysis and evaluation. Our firm has access to microbiologists and epidemiologists that assist us in evaluation cases and serve as expert witnesses, when needed.

If you or a family member, has suffered illness as a result of eating a food product of any kind and you have medical documentation that you or your family member has suffered illness after eating that food product, please contact our office at (561) 786-6641, toll free at (800) 443-4529 or fill out the form on this page and your inquiry will be sent by e-mail to our office.

If you have any of the food product remaining, please put it in a plastic bag and place it in a cool spot, like your refrigerator. Do not discard the product, as we will need it to prove your claim.

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Frequently Asked Questions

How long do I have to file a food safety lawsuit in West Palm Beach?
Generally, you have two years from the date of the illness to file a personal injury lawsuit for food contamination in Florida. This timeframe was established by Florida Statute § 95.11 so that cases are brought while evidence and witness memories are fresh. Because foodborne illness cases require complex analysis from microbiologists and epidemiologists, contacting a West Palm Beach food safety attorney as soon as your diagnosis is confirmed helps preserve laboratory findings, outbreak records, and witness accounts before they become unavailable.
Can I file a food poisoning claim if I got sick at a Catered Event or Private Party in Palm Beach County?
Yes, you may still have a valid claim even if the illness occurred at a private event rather than a commercial restaurant. Liability can extend to the catering company, the venue, or both, depending on how the food was prepared, stored, and served. Medical records confirming your diagnosis and a clear timeline linking your illness to the event are the most important pieces of evidence in these cases. Because responsibility may be shared across multiple parties, speaking with a West Palm Beach food safety attorney early helps identify who may be held accountable.
Does the Florida “Strict Liability” law apply to contaminated food from local grocery stores?
Yes, Florida generally applies strict liability to food products, meaning you may recover damages without proving the seller was specifically negligent. Under Florida law, businesses that sell food, including major retailers in West Palm Beach, impliedly warrant that the product is fit for human consumption. If the food was contaminated at the time of sale and caused you measurable harm, the seller or manufacturer may be held liable for your medical expenses.
How do I report a foodborne illness outbreak in Palm Beach County?
You should immediately report the incident to the Florida Department of Health in Palm Beach County to initiate an official investigation. Filing a report via their ‘Foodborne Illness Complaint’ portal creates an official record that can support your legal claim. Under Florida Statute § 381.006, the state has the authority to inspect local vendors and caterers, and these inspection results can serve as powerful evidence of negligence in your personal injury case.
Can I sue a West Palm Beach restaurant for food poisoning if I didn’t save a sample?
Yes, you may still have a valid claim if you can provide medical evidence of a pathogen and testimony linking your illness to the establishment. While keeping the food product is ideal for laboratory testing, your medical records from a facility like Good Samaritan Medical Center showing a diagnosis of E. coli or Salmonella are critical supporting evidence. Health Department inspection reports and outbreak records from Palm Beach County can also help establish whether other diners reported similar illnesses at the same establishment.