Can a Restaurant be Sued for Food Poisoning?

Food poisoning is not only unpleasant, but some cases can lead to a lawsuit with significant compensation. If you have become ill from food poisoning, you may wonder if you have a case. The time lapse between eating the food and the onset of illness may make it difficult to pinpoint which food made you sick. If the government’s Food and Drug Administration has linked a particular food you ate to an outbreak of food poisoning, it may be easier to prove your claim.

The family of an Australian girl who suffered a case of food poisoning at a KFC restaurant won an $8.3 million verdict against the food chain.

Here are some facts to consider when suing a restaurant for food poisoning:

Liability for Food Poisoning

There are many ways a victim of food poisoning can prove the restaurant’s legal liability. When filing a lawsuit for negligence, a person who became sick after eating at a restaurant can argue that the restaurant owes a duty to customers to serve food that was properly stored, properly prepared and is not contaminated with one of a variety of food poisoning sources.

The negligence lawsuit must prove that the defendant violated both his duty of reasonable care and that this violation was the cause of the plaintiff’s damages. In a negligence lawsuit involving food poisoning, the plaintiff may need to prove that the restaurant failed to live up to the safety standards required in the restaurant injury by allowing kitchen staff to prepare food with unsanitary utensils or storing food at a temperature that is unsafe. Additionally, the plaintiff may be required to prove that his illness was caused by the food served at that restaurant and not food from another source.

Hospital Visit is Not Required

Another consideration in any potential lawsuit will be the amount of damages suffered by the plaintiff. Discomfort or inconvenience may not be sufficient for a damages award however, an exceeded hospital stay may not be required either.

In order to prove your claim you will have to prove that the food you ate was contaminated and that the contamination made you sick. If you can show that you suffered some type of damage, such as lost wages from missed work, pain and suffering, or extreme mental anguish, you may be able to recover for those damages through a lawsuit.

If you or a loved one suffered from food poisoning, you may be entitled to compensation for your damages. To discuss your options, contact one of our Gacovino Lake attorneys at 800-246-HURT (4878).

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