It is unusual, but sometimes restaurants make mistakes or purposely put their customers in harm’s way. That can result in a range of conditions, basically referred to as “food poisoning.” Now, if you have experienced food poisoning, could you sue someone for the harm that you have suffered?
The answer is yes, you can. You can absolutely bring a lawsuit if the law and evidence supports a personal injury wrongful death claim for food poisoning. You can also have claims against the distributor, food processor, or even the grower, aside from the restaurant that served you the offending meal.
Unfortunately, while you might not be a controversial person, if you experience food poisoning a lot of restaurants won’t take responsibility. Clearly, it would be bad thing to pay every claim by someone who claims their upset stomach was caused by food they ate at that restaurant. The thing is that if something more serious happens, you could be facing time off of work, medical bills, or even expenses for final arrangements. Therefore, it may take threatening or following through with legal action with the purpose of get a restaurant to take your claim seriously.
The 1st thing you want to resolve is what made you sick. You will need to be diagnosed with an illness caused by a specific bacteria or virus if your food poisoning was caused by a pathogen. Salmonella and E. coli and are the most frequent pathogen based forms of food poisoning, but others can include Hepatitis A, Campylobacter, Norovius, Listeria, Vibrio or Shigella. Therefore, if your doctor points out that you have food poisoning, you should ask her or him to carry out further tests in order to determine which pathogen is the cause. It could be possible to use DNA testing in order to track the bacteria to a general source, if others who ate at the same restaurant also turn up sick.
If your food poisoning happens to be non-pathogen based, you should find out if it is an earlier undiagnosed allergic reaction or something more threatening. It is not unheard of for inappropriately handled food to be exposed to petroleum products, pesticide or other harmful poisons and chemicals by mistake. However, frequently these items find their way in your food because of an intended act by someone who has it in mind to do a serious bodily harm a prankster. You should ask for the suitable toxicology screen in order to determine to what you may have been exposed if a doctor decides your food poisoning is non-pathogenic.
You may still have a claim even if the exact cause of your reaction can’t be determined. This is mainly true if other people present at a hospital with related symptoms after visiting the same establishment.
Anyway, the best thing you could do after food poisoning is to contact your attorney. She or he will tell you about your legal options, and help you protect evidence and take proper testing, and bring pressure against the restaurant to pay your for the harm they have caused you. You can find on HG.org a searchable index of attorneys in your area that are specialized in personal injury and food poisoning cases.Read More