File a New York Food Poisoning or Foodborne Illness Claim

Our lawyers represent victims of all foodborne illnesses, including E. Coli, Botulism, Hepatitis A and Salmonella. Our skillful NY personal injury lawyers have an impressive background of recompense in support of our clients. If you or a loved one has been the victim of a foodborne illness, the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, would like to meet with you. Please call our office at (212) 986-7353 to set up an appointment to discuss your case.

In the United States, 5,000 people die as a result of foodborne illness every year. In recent years there have been a number of news reports used to shed light on the subject, causing people across the country to become aware of the illness and also risks to be aware of when dining out. There is a strict code of sanitation that restaurants are required to follow, but unfortunately all too often restaurants have been found to include the presence of rodents and cockroaches on counters and in stored food, employees who failed to wash or sanitize their hands, and meat that has sat out without refrigeration.

These conditions may not be seen by customers, but their consequences are felt, in the form of food poisoning. The U.S. Centers for Disease Control and Prevention has stated that an estimated 76 million people in the United States come in contact with foodborne illness each year of which 300,000 people requiring hospitalization. Foodborne illness and food poisoning which includes E. Coli, Shigella, Listeria, Hepatitis A and Mercury Poisoning can trigger many severe medical issues and in grave cases, lead to death. To ensure that people do not succumb to foodborne illness, it is imperative that all restaurant workers comply with all health codes. If you have suffered due to foodborne illness or have been present at a restaurant that feels unsanitary you should report the incident to the health department.

Back to Top

What Are The Different Types of Foodborne Illnesses?


Botulism is a foodborne illness that is caused by the lethal bacteria called "Clostridium botulinum." It can be found in water, dirt, and the air. Botulism usually results from bacteria developing in canned goods, such as canned vegetables and meats. To help prevent Botulism, discard any old or bulging canned goods.


Shigella is a germ that can trigger a foodborne illness called "Shigellosis" and can be found in the intestines of humans. Shigellosis is spread when an infected person has germs on their hands and touches another individual, infecting them with severe diarrhea. There are approximately 25,000 cases of Shigellosis reported annually in the United States, although the actual number of cases may be much higher.


Salmonella is a very serious and common bacterium that causes foodborne illness. There are over 2,000 different types of Salmonella bacteria. Salmonella can be found in many meat or meat products, such as poultry, beef, pork, dairy, eggs, and even vegetables and fruit. In the United States as many as 5,000 people die annually due to Salmonella.

Hepatitis A

Hepatitis A is one of five types of hepatitis viruses that cause harm to the liver. Every year approximately one hundred people die due to Hepatitis A-related liver problems in the United States. Up to 50,000 people are infected annually with the virus which is spread through contact with an infected person or when food or water comes in contact with an infected person.


Listeria is a bacterium that causes a foodborne illness called Listeriosis. Unlike other bacteria, Listeria can survive at very low temperatures ranging from O°F to 50°F. Many refrigerators fall within this range making it possible for the bacteria to grow in a refrigerator and contaminate food. Listeria is very dangerous because it can be passed from a mother to a child while pregnant or giving birth. It is recommended that certain refrigerated foods be heated prior to eating to help reduce the risk of Listeriosis.


E. Coli is a bacteria found in water and food, including undercooked beef and sprouts. This foodborne illness causes people who have consumed contaminated food to suffer from severe diarrhea. E-coli can be passed on to other people if an individual has residue of the bacteria on their hands.

Back to Top

What Are Symptoms of Food Poisoning?

Symptoms of foodborne illnesses or food poisoning may begin anywhere between a few minutes after eating tainted food up to a few weeks to appear. Foodborne illnesses are associated with several symptoms but as the illnesses vary so do the indications of illness. Several of the most frequent symptoms include:

  • Headache
  • Fever
  • Abdominal cramping
  • Vomiting
  • Diarrhea
  • Exhaustion

Though the symptoms of foodborne illness are unpleasant, a healthy person will often avoid enduring or serious repercussions. A foodborne illness may have grave effects on your health if you have specific medical conditions including diabetes, cancer or AIDS.

Back to Top

Contact Our NY Food Poisoning Attorneys Today

If you or a loved one has become ill as the result of unsafe food, please contact a New York food poisoning lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP immediately. Call (212) 986-7353 today for a free consultation.

Back to Top

Additional Information