Yes, you can sue a restaurant for food poisoning if your case meets certain standards. There must be evidence that your illness was caused by a certain type of bacteria and that bacteria was in the food or the environment at the restaurant. Epidemiological evidence may also be considered in your case.
Many people have been sickened with food poisoning after eating at a restaurant. The food could be contaminated at the source, during transportation, during processing, or at the restaurant. Other factors that may contribute to a risk for food poisoning include improper food handling, improper cooking temperatures, or holding food at an incorrect temperature.
Here are the steps you can take if you want to sue a restaurant because you think you contracted food poisoning.
- Find out which bacteria or virus made you sick. The bacteria that cause foodborne illness include E. coli, Listeria monocytogenes, Salmonella, Shigella, Brucella, Campylobacter, hepatitis A, norovirus, or Vibrio. These bacteria cause similar illnesses, but symptoms do vary. A lab test is the only way to identify bacteria properly. You must visit a doctor and request a test to identify what pathogen made you sick.
- Contact the health department in your area. There may be a local or county health department, or you may contact the state. If you have a certain bacterial infection, such as an E. coli O157:H7 infection, your doctor will report your illness. Laboratories will conduct a test called pulsed field-gel electrophoresis (PFGE) on your lab sample and enter it into a database called PulseNet. Officials use that database to find people who have been sickened with the same bacteria. That’s how they identify an outbreak. The CDC and states are starting to use a technique called Whole Genome Sequencing (WGS) that is even more accurate at identify’s bacterial DNA.
- If you are part of an outbreak, it’s important to talk to an attorney as soon as possible. Don’t sign anything given to you by a corporation or an insurance company unless an experienced food poisoning attorney has advised you. Your attorney will be able to tell you whether or not you can sue a restaurant. Your attorney will also know how to investigate the case, will have experts available who can help prove your case, and will know how much your case may be worth. Corporations must make sure that the food they sell is not contaminated with pathogenic organisms.
Attorney Fred Pritzker said, “Even when you recover from a food poisoning infection, there is still a risk you will develop a serious complication in the future.” Call 1-888-377-8900.
Contact Fred Pritzker and his Bad Bug Law Team for help if you have been sickened by contaminated food or beverages. Fred has won millions of dollars for clients who have been seriously sickened after eating at restaurants.
You can contact Fred or one of the attorneys at Pritzker Hageman by filling out a free contact form. Or you can call 1888-377-8900 for a free, no obligation, and confidential consultation.
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