food poisoning can you sue the restaurant

Food Poisoning: Can You Sue the Restaurant?

When somebody causes you harm, this is seen as negligence and can lead to a lawsuit. But what happens if you are injured or fall ill due to food poisoning by a restaurant? What options do you have and is it always a good idea to sue the restaurant? Now you can find out.

Product Liability

You may be surprised to find that food poisoning cases are usually encompassed by product liability. In these cases, you as the plaintiff will be relieved from actually showing that the manufacturer of the product (the food, in this case) was not careful when they were distributing the product. If you became contaminated due to food poisoning and fell ill, then you could win your case using the product liability theory. You will be able to claim compensation for your injuries or illness as well.


Your other option, of course, is to file a lawsuit based on negligence. In these cases, you will claim that the party (those who handled the food) acted negligently when handling your food and you became contaminated as a result. A restaurant owes you a duty of care to provide food in a safe manner and they have breached this duty when you fall ill. If you sustained damages such as medical bills related to your illness, you could receive compensation. You may be able to use evidence such as other people who fell ill or even died from eating the same food at the restaurant.

If your food illness was particularly serious and you believe the restaurant should be held liable, you may have a case. This is why it is important to speak to us today about your case and have all of your questions answered before you move forward. If you suffered any losses, including time away from work or bills from being hospitalized due to food poisoning, you may have a case. Call us for more.