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what to look for in owner financing agreements

My sister and her husband were looking for a house near my house so that I could help with their newborn baby while they work. We were fortunate to find a house that was up for sale or available to rent. The owner said that he would allow them to purchase the home through him using an owner financing agreement. This made me a little nervous because I had read a few stories about people getting ripped off using this method of home buying. That is why I paid for my sister to have a real estate attorney to work with. Visit our blog to learn what to look for in owner financing agreements to protect yourself from loss.

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what to look for in owner financing agreements

Food Poisoning Personal Injury Claims: The Two Elements You Need To Prove

Isobel Alvarez

It's not uncommon to get food poisoning after eating at a restaurant or foods that have not been packaged properly. More than 200 known diseases transmit through food, and foodborne diseases cause approximately 76 million illnesses, 325,000 hospitalizations and 5,000 fatalities in the U.S. each and every year. If you have suffered from severe food poisoning and are seeking the compensation you rightfully deserve, the personal injury attorney who takes on your case will work to help you prove two specific elements.

Your Burden of Proof

To file a personal injury case related to food poisoning, you have the burden of proof to prove two elements:

  • You ate contaminated food; and,
  • The contamination caused sickness or triggered the onset of a severe medical condition.

You will need to collect evidence to make a case proving both elements. Your personal injury attorney can determine whether the evidence you have already collected can prove your claim and whether additional evidence is needed.

How to Prove the Food You Ate Was Contaminated

This is probably the hardest element to prove since there is generally a time delay between consuming the contaminated food and when you experience food poisoning symptoms. You need to be able to pinpoint the particular food that was contaminated and which restaurant or manufacturer to hold liable.

To prove the food you ate was contaminated, you can:

  • Get a Pulsed-Field Gel Electrophoresis (PFGE) test. This test is only useful if many other people got the same type of food poisoning as you. The test can trace the contamination back to a specific restaurant or manufacturer by identifying the type of pathogen that caused the food poisoning symptoms. The medical centers input all data into their records. If many other people took the same test, had the same type of food poisoning and ate the same foods or at the same restaurant, a personal injury attorney can make a strong link between the two.
  • Test the food you believe to be contaminated. If you took home a doggy bag or if you still have some leftovers, the foods can be tested for traces of contamination to verify the claims you are making.
  • Check to see if any government health agencies have stepped in and recorded an issue stemming from a particular restaurant or manufacturer. This is perhaps the easiest method, as you don't have to do any of the hard work.

How to Prove the Contamination Caused Sickness

Once you can prove you ate contaminated food, the next step is a piece of cake. You must prove the contamination caused sickness. The best way to go about doing this is to get medical help. Most physicians will take a stool sample from you to test for pathogens and evidence of any other types of contamination.

If you can prove that the food you ingested contains the same type of pathogens as the contaminated food from the restaurants or the food manufacturers, you have a strong case on your hand. You will further want to strengthen your case by providing detailed medical information and records regarding the symptoms you experienced and how the contamination may have affected your health, as well as your quality of life.

Conclusion

Having the evidence to prove the two elements required for food poisoning personal injury claims is just one of the first steps to take. A personal injury attorney needs to determine the amount of compensation you deserve based on your circumstances and also negotiate with the plaintiff to determine whether a settlement can be reached. Settling the case instead of going to court can help reduce legal fees and also simplify the entire lawsuit.  For more information, contact an experienced personal injury lawyer in your area. 


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