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Can I sue a restaurant for food poisoning?

| Mar 25, 2021 | Personal Injury |

Almost anyone you ask can tell you about a time when they suffered from food poisoning. It’s a relatively common condition, and it’s one that most people recover from well.

Though you may never have heard of anyone suing over food poisoning in the past, the reality is that someone may choose to sue if they suffer serious injuries as a result of being poisoned by what they’ve eaten.

So, can you sue for food poisoning? It depends on how sick you were, if you missed work and if there were any long-term complications.

Suing for food poisoning

To start with, note that it is possible to sue for food poisoning from e. coli, norovirus, salmonella or other food-borne illnesses. However, not every instance of food poisoning is going to lead to a claim, because you will need to show how you fell ill and prove that you have damages as a result.

It’s hard to prove a food-poisoning case

It is hard to prove food poisoning occurred because of a specific person or business’s actions, which can make it difficult to make a case. Why?

  1. Some people don’t get sick for many days after they have ingested contaminated food
  2. Most cases aren’t serious enough to make a lawsuit worth the effort
  3. You have to prove that the party who served the food is legally liable based on the state’s liability laws

Still, if you have a particularly severe case of food poisoning, or if you have lost a loved one to food poisoning, then you may be able to make a claim.

What are the severe effects of food poisoning?

Some severe effects may include:

  • Nausea and vomiting
  • Bloody diarrhea
  • Cramps
  • Fever (102 °F or higher)
  • Dehydration
  • Meningitis

Food poisoning has, and can, lead to severe injuries, infections, disability or death. If you or someone you know suffer the severe complications of food poisoning that can be linked back to a restaurant or manufacturer, it’s important to look into your options for seeking compensation. Good food handling procedures are a must in that industry, and a lack of sanitary measures can be penalized.