In May 2012, Jensen Farms, a southeastern Colorado cantaloupe grower that was the source of a deadly 2011 listeria outbreak, filed for bankruptcy protection. The bankruptcy filing cited lawsuits stemming from the outbreak, which caused at least 32 deaths and many more hospitalizations as a significant factor in its financial collapse.

Whom you can sue?

In Colorado, food poisoning claims can be brought against a variety of parties ranging from producers and growers to markets, restaurants, and other entities that played a role in supplying the food. Food poisoning can be devastating particularly if you or a family member suffers from a compromised immune response. In the worst cases, suffering can range from lost income, permanent disability or death and long periods of hospitalization.

What you need to show to claim damages

Luckily for victims, Colorado employs a strict liability statute. Under Colorado law, a plaintiff who suffers food poisoning is only required to demonstrate that the food was contaminated and that the contamination caused the illness of the plaintiff or their family member.

Additional potential claims can be based on:

  • negligence, showing that the parties manufacturing or supplying the food acted negligently by failing demonstrate reasonable care in growing or supplying the food
  • breach of warranty, arguing that food growers and producers warrant to consumers to provide food that meets minimum standards of consumption
  • the Federal Food, Drug and Cosmetics Act which prohibits the distribution of food that contains poisonous or injurious substances

Food poisoning is a personal injury. If you or a family member is harmed due to a food-borne illness, it is important to consult with an experienced personal injury attorney who can help to determine the scope of damages. The attorneys at Bell & Pollock, P.C. possess decades of experience helping injured Coloradans receive the compensation that they deserve for suffering food-borne illnesses.

Contact Us

Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

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Case Results

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CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That