Wrongful Death Lawsuit Filed Against Sushi Establishment
A wrongful death lawsuit has been filed against a sushi establishment. 50 people were sickened after a food-borne toxin infected them while eating at the same restaurant. This is now the second wrongful death lawsuit filed against the sushi restaurant. The incident occurred in April.
The plaintiff became severely ill and dehydrated from food poisoning, according to the lawsuit. Another woman died in the ICU after becoming severely sickened by the sushi on April 29th.
As of now, the investigation is focusing on mushrooms that were provided to the establishment by a California company.
Food poisoning lawsuits
While food poisoning is rarely fatal, it is possible that the symptoms of a food-borne illness can be fatal to some people. In most cases, food poisoning lawsuits aren’t worth filing unless the victim becomes extremely ill, needs to be hospitalized, or dies. While 50 people were sickened by the allegedly poisoned mushrooms, only two of those 50 died. The sushi establishment will attempt to pin the blame on the mushroom distributor while the mushroom distributor will attempt to pin the blame on the sushi establishment.
Food poisoning lawsuits are actionable, but can be very difficult to prove. In this case, it’s much easier to prove because there were numerous individuals who were all sickened at the same time. The investigation is leaning toward the mushrooms as the source of the food-borne toxin, so it’s unclear that the sushi establishment committed the bulk of the liability. It’s more than likely that the mushrooms were toxic when they arrived at the sushi restaurant and that there was no way that the restaurant could know that the mushrooms were toxic before serving them.
If so, then the primary defendant in the case will be the mushroom distributor and not the sushi restaurant.
Proving food poisoning
In most cases, it can be quite difficult to prove an illness came from a specific restaurant. The restaurant can reasonably argue that the plaintiff got sick from somewhere else, caught something, or otherwise, blame it on a third party. However, in this case you have numerous individuals who were all sickened at the same time leaving no doubt as to where infection came from.
This is a really bad look for the restaurant. They are now facing two wrongful death lawsuits and could face more personal injury lawsuits. It’s also more than likely that the mushrooms were tainted before they arrived at the restaurant, but that is not necessarily true. An investigation will determine the source of the contamination. At this point, both the sushi restaurant and the mushroom distributor appear to be reasonable suspects.
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