Can I make a personal injury claim against a restaurant for food poisoning?

restaurant for food poisoning

Let’s say you have a terrific meal at a restaurant to only find out that what you have consumed gave you food poisoning. Is there anything that can be done about it? Is it possible to file a personal injury claim in the event such a circumstance arises? Thankfully, there is something you can do about it and we’re going to tell you how in this blog.

Can One Sue Restaurants Over Food Poisoning?

Believe it or not, you can sue a restaurant in the event you had consumed their food and got food poisoning. However, there’s a few things that must be done to make sure that your case has legs in the event you pursue legal action. Such information you’ll need for a personal injury case regarding food poisoning requires:
  – Confirmation that you had been diagnosed with food poisoning.
  – The food was eaten at the restaurant or you received such an illness from another individual who consumed food from there.
  – The illness had caused quantifiable harm.

In situations where a health department reached out to you that it’s possible you had been part of an outbreak, you’ll likely have some sort of lawsuit on your hands and you can pursue compensation. The CDC has reported that a majority of food poisoning incidents happen at restaurants.

How To Get A Food Poisoning Diagnosis 

For starters, you’ll need to protect your rights and have a stool sample tested. By doing so, the specific pathogen can be discovered that made you sick. For example: If you had Salmonella or E. Coli, it can be traced in your stool sample. When the individual cells of such pathogens are discovered in a laboratory for testing, the results can be utilized as crucial evidence. If you happen to have any questions regarding the evidence you’ll need, feel free to contact us anytime so that we can help you along in the process. It’s also possible that you may have to bring leftovers into question if you believe that they had any involvement in your illness. Such evidence can be utilized when proving that the food, the bacteria found in you, or the restaurant played a part in your food poisoning dilemma.

Food Poisoning & Pathogens

There’s quite a few pathogens that cause food poisoning, so we’re here to help you identify the more common ones. Such common food poisoning pathogens are:
  – Clostridium botulinum – This is the bacteria that can cause botulism, which could lead to paralysis.
  – Campylobacter – This is a bacteria that can cause campylobacteriosis. If it complicates, it can become GBS (Guillain-Barré syndrome.)
  – Cyclospora – This is known as a parasite that causes cyclosporiasis, which can cause explosive diarrhea. This symptom can last for weeks, even months.
  – E. coli – This is a bacteria which can result in colitis, HUS (hemolytic uremic syndrome), or TTP (thrombotic thrombocytopenic purpura.)
  – Hepatitis A – Hepatitis is a virus known for causing serious damage to one’s liver.
  – Listeria – Listeria is a bacteria that can cause listeriosis, which can lead to meningitis (which is a brain infection) or lead to sepsis.
  – Salmonella – Salmonella is known as a bacteria that can cause salmonellosis, which can meningitis and/or sepsis.
  – Shigella – Shigella is known as a bacteria that can cause shigellosis, which can lead to hemolytic uremic syndrome.
  – Vibrio – Vibrio is known as a bacteria that can cause vibriosis, which is known as a fatal illness that can be caused by eating  seafood (such as raw oysters.)

Food Poisoning Compensation: What To Know

One major thing you should know is that filing a lawsuit can lead to a much faster settlement. Such a lawsuit shows the restaurant that you’re not playing games and you’ve stockpiled evidence against their favor in the event you’ve become sick or have had to deal with a wrongful death due to food poisoning. In addition to this, filing a lawsuit lets the business know that you have a team (in your corner) compiled of experienced professionals who are taking on the case. 

So in the event of suing a restaurant over a food poisoning issue, be confident that lawyers are willing to fight tooth and nail so you can get the compensation you deserve. Once such a case is filled, they’re capable of taking legal steps to obtain information that correlates with relevant health and corporate documentation to your benefit. This means that without a lawsuit, most information is nearly impossible to find on your own. That’s right, a personal injury attorney is exactly what you need to make sure your food poisoning case is taken seriously against a restaurant.


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