Suing a Restaurant for Food Poisoning

Food poisoning can be anything from an upset stomach to a horrible experience including dehydration, time in the hospital, or even death in very serious cases. Learn more about related restaurant injuries such as choking on unexpected bones in food and chipping teeth on small foreign objects.

Causes of Food Poisoning

Food poisoning can result from eating meat that is not fully cooked, or eating food that has been exposed to various bacteria which was not removed or cleaned before being eaten. Food poisoning can also result from fruits and vegetables that were contaminated while being grown and no amount of washing would cure it. There are also bacteria which can affect food during processes, before it reaches the restaurant.

Evidence Needed to Sue a Restaurant

Understanding the kind of food poisoning a person suffered is key to determining whether a restaurant was to blame for the illness. The jury will have to determine whether the poisoning was the result of improper processing, or improper washing and preparation. An injured person must show be able to trace the source of the food poisoning to the restaurant. There must be a way to trace the resulting illness to the negligence of the restaurant and its food preparation.

It can be difficult to prove food poisoning came from a specific restaurant, unless a person only ate at that one restaurant in the hours before the illness. Most people eat at home, eat at more than one restaurant, or eat from other sources of food in a 24 hour period of time. In cases where a sick person ate at multiple places (including home) the injured victim will have to be able to trace the illness to one specific restaurant in order to win a lawsuit for food poisoning.

Damages

A person who has a stomach ache or who spends an hour or two in the bathroom typically cannot sue for food poisoning. While the resulting condition is unpleasant and uncomfortable, it is not enough to warrant a lawsuit. A person must have damages in order to sue for food poisoning. Damages include medical treatment, lost wages from missed work while ill, and if the illness is particularly serious, there may also be punitive damages. Punitive damages are awarded to punish the restaurant for being particularly careless in the preparation of food. See what others say about compensation for food poisoning damages.

Getting Legal Help

Liability for food poisoning can be a complicated legal issue to prove because documentation of the type of food poisoning and of other possible sources of contamination can be difficult to produce. An experienced personal injury attorney can either prove the source of contamination or can use expert witnesses to testify as to the likelihood of the source and cause of the poisoning. An attorney can begin to assess the merits of a food poisoning lawsuit after one consultation.

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