Can You Sue For Food Poisoning?
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Food Poisoning Information
Can I sue for food poisoning?
Yes. When you suffer from food poisoning, you are often able to seek compensation for medical bills, lost wages, and pain and suffering in a lawsuit against the manufacturer or restaurant that prepared your food.
The majority of states in the U.S. hold restaurants and manufacturers to a standard of “reasonable care” with regard to how they prepare, package, handle, and store food products. This means that if your food product proves to be harmful due to negligence on the part of the restaurant or manufacturer, you may have an actionable claim.
The best way to determine whether you can file a lawsuit for food poisoning is to contact an experienced personal injury attorney in your state.
What do I need to prove in a food poisoning lawsuit?
In order to secure compensation for your injuries from a food poisoning claim, you must be able to prove that the food was contaminated as a result of negligence on the part of the manufacturer or restaurant. In order to win your case, you will need to demonstrate that there were issues with how the restaurant or manufacturer handled your food that caused it to be contaminated.
The proof of negligence can take several different forms. You may have records of conversations with restaurant employees after you became sick, photographs showing unsanitary conditions in the kitchen or processing facility, or documentation demonstrating an unusual number of customers becoming ill after eating there.
Some examples of manufacturer negligence include being unable to identify the source of contamination, not recalling harmful products after a number of people became ill, and showing evidence that the contaminated product was released without undergoing testing.
Who can I use for food poisoning?
If you can prove that you became sick from eating food at a restaurant or purchasing a contaminated product from a grocery store, convenience store, or other retailers, you may be able to file a claim against any parties in the supply chain. This means that if your potato salad was made with ingredients sold by Dole to your local salad bar, you may be able to sue Dole, the salad bar itself, and any other part of the supply chain that handled your product.
Who can I sue if my food poisoning claim is against a restaurant?
If you ate at a restaurant where you believe you suffered from food poisoning, you may file suit against the owner or operator of the restaurant as well as the employees responsible for preparing your food.
Who can I sue if my food poisoning claim is against a manufacturer?
If you ate a contaminated product sold to retailers by a manufacturer, you may file suit against any parties in the supply chain including the manufacturers, distributors, suppliers, and retailers.
What damages can I recover in a food poisoning lawsuit?
Depending on the nature of your injuries, you may be able to recover any costs associated with your medical bills, lost earnings, and pain and suffering.
You may also be able to recover additional punitive damages if you can prove that your illness was the result of malice, recklessness, or negligence on the part of the defendant.
What should I do if I become ill from food poisoning?
If you suspect that your illness is due to food poisoning, seek medical attention immediately. You will likely need immediate medical intervention to keep you from becoming even more ill.
You should also contact an attorney as soon as possible to discuss your options for filing a food poisoning lawsuit or seeking compensation.
What are the most common causes of food poisoning?
The most common causes of food poisoning include norovirus, salmonella, E. coli, cyclospora, and listeria.
The Centers for Disease Control and Prevention estimates that every year, roughly 1 in 6 Americans (or 48 million people) get sick from food poisoning. Of those who become ill, 128,000 are hospitalized and 3,000 die as a result of their illness.
Do you have a case?
Use our secure form here to connect with an experienced food poisoning lawyer. An attorney will contact you to discuss your options.
Seek medical attention
If you have a fever over 102 degrees, bloody stool, or other severe symptoms you should seek medical attention immediately.