Can I Sue Restaurant If I Get Food Poisoning?

Friends eating lunch

There’s nothing more fun than getting out of the house for a bite to eat at a favorite restaurant. Unfortunately, when we eat at a restaurant, there is always the risk of ingesting tainted food and coming down with a bout of food poisoning. Although the majority of food poisoning cases are minor, some can take a turn for the severe, requiring treatment in a hospital and possibly risking the life of the person afflicted.

If you’ve suffered a serious case of food poisoning, you might be thinking about a lawsuit against the restaurant you believe caused the conditions. Learn if you are able to sue a restaurant for food poisoning and why you should seek advice from a Paterson personal injury attorney.

Burden of Proof

Personal injury claims, including those involving food poisoning, rest on being able to prove the negligence of the defendant. This requires a tremendous amount of evidence, which is often lacking in food poisoning cases. The reason for this is because food poisoning mimics the symptoms of other common illnesses like the stomach flu. It’s also possible you were poisoned by the food you ate at home before going to the restaurant in question.

In order to prove your case, you may consider having the food tested at an independent lab if you have any leftovers. While this seems like a good idea, it usually won’t help your case. Even if the test reveals that the food contains bacteria, there is no way to prove that the food was infected in the restaurant.

The only real way to prove that the restaurant was liable for your food poisoning is if multiple patrons were affected. For instance, if a restaurant used a contaminated product, it’s likely that it was served to multiple people and that all of these people suffered food poisoning. If you can get statements from other victims, you might have a strong case.

The Value of a Lawsuit

Another factor to consider is whether a lawsuit is likely to succeed and is worth the effort. As mentioned, most food poisoning cases are relatively minor, lasting less than a day. If this was the type of food poisoning you experienced, a personal injury claim probably isn’t worth the time or effort.

Some cases of food poisoning are much more serious and involve deadly bacteria like salmonella. This type of food poison almost always results in a hospital stay and can sometimes result in death if the person afflicted is very young or very old. Food poisoning cases like these are eligible for personal injury lawsuits and should be discussed with a Paterson personal injury attorney.

Find a Paterson Personal Injury Attorney

If you’ve been the victim of a major case of food poisoning that resulted in expensive medical bills, you should strongly consider a personal injury claim. Discuss your legal options today with a Paterson personal injury attorney from The Law Offices of Peter N. Davis & Associates, LLC.

During your free consultation, one of our experienced attorneys will review your case and let you know if you’re eligible to file a personal injury lawsuit. Contact us today to speak with one of our attorneys.