Microwave Food Injuries: Breaking Down Your Case & Settlement Options
Cooking meals in the microwave is a convenient way to eat fast and enjoy lunch or dinner without so much preparation. Sometimes these meals come with hazards or problems that are not typically associated with standard cooking. If you've been burned, injured, or suffered an illness like food poisoning from microwaved foods, then you may have a personal injury case on your hands. If the food manufacturer is at fault for these injuries, then you may seek a settlement claim to recover damages for the injuries and emotional trauma that you have gone through. As a potential case moves forward, it's important to break down different case factors and see how they will impact your ability to seek a settlement. A lawyer can help you sort through these case options and represent you through all of the proceedings.
Food Recalls
One of the biggest impacts that can occur in a microwave food injury case is if the company has already admitted wrong doing. Food recalls happen all of the time and are issued to help prevent food injuries and dangerous hazards. There are many ways that these recalls can become a part of your case. For example, the date of the food recall could have a huge impact on your case proceedings. If your injury occurred before the recall, then the food company did not properly warn you ahead of time before the recall was issued. This can help prove negligence in the case. A food recall may also not have had a wide-spread release that reached your local area. If a grocery store that you purchased the food from did not remove the food after the recall was issued, then a personal injury attorney may hold them liable as well.
Improper Instructions
Cooking food in the microwave can sometimes have confusing directions and complicated steps to follow. This includes removing plastic foil, mixing food around, or rotating different elements on the cooking tray. If the instructions are unclear or include potentially dangerous steps, then a lawyer can hold the company accountable for their actions. For example, as you're heating up a product, you may be instructed to pull it out and stir it around. As you do this, the container may be hot and cause severe burns as you complete the task. A lawyer can hire a team of experts to examine box instructions and determine if there are any issues with the way instructions are stated.
Recalling The Incident
A big part of your case will be recalling the events that led to the injury or illness. Food company defendants will want to know every single detail to see if you should be held accountable for your own actions in any way. One of the easiest ways to start building up this testimony is by writing every thing down. Making things as clear as possible will help ensure that you have every detail covered. A lawyer can look over your statement and provide you with more questions or details that need to be added. This may include how packages were opened, what kitchen tools did you potentially use, the exact microwave settings, and the length of time it took to contact proper medical help. Breaking the incident down beat by beat can showcase how the food product is to blame rather than your personal actions.
Other Incidents
You may not be alone in your case against a specific type of microwaved food. A lawyer has the ability to conduct research about similar cases and incidents that have occurred due to the same type of food. When there have been similar injuries and incidents, your case will have set up a precedent that gives you a better chance of winning. A lawyer can use other examples to showcase that the food is to blame and the injuries occur no matter where the situation takes place. Other injured parties may also be called in as witnesses in your case.
A lawyer has a lot of resources that can set you off in the right direction. As you heal and return to your normal state, a lawyer from a firm like Clearfield & Kofsky can be hard at work in getting you a settlement for your injuries.
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