Going out for a meal can be a great way to treat yourself, but it may turn into a miserable experience if you happen to contract food poisoning. Getting food poisoning from a restaurant is a real possibility, no matter how big or small the restaurant is. If you get very ill from food that you ate, you could sue the restaurant that is responsible for it.
Evaluate the Situation
Suing the restaurant can be a costly and lengthy legal process, so you must decide if it is worth it to sue for the damages they caused. You will possibly waste money on a lawsuit if you only suffered from a stomachache.
You could potentially have a lawsuit on your hands if your food poisoning caused you to be hospitalized. This is because there will be hospital bills, and potentially lost wages from being unable to work. The only way to recoup these costs is through a lawsuit.
Keep in mind that you have the right to sue if the cook was sick and they passed on their illness to you through your food. Make sure the illness was severe enough to warrant a lawsuit, as a cold or cough is not enough to make it worth your time.
Take Proper Legal Steps
If you have decided to take legal action against the restaurant, you will need to hire a lawyer that specializes in personal injuries. Ideally, find one that has dealt with food poisoning lawsuits in the past and knows what they can expect to deal with in court.
Make sure to hold onto any leftovers from the meal that caused you to get food poisoning. It is possible to have the food tested for the illness that you have, and can link the restaurant and your food poisoning together.
Keep a log of all your symptoms and doctor visits. You can have a doctor test for potential food-borne illnesses to verify your claims. The common illnesses they will test for include:
- Hepatitis A
- E. coli
A good lawyer will also find out if anybody else got food poisoning after visiting the same restaurants, as it will only make for a stronger case. Your lawyer will also check for recalls with the foods you ate from the restaurant that could link the illness to the food distributors.
If you feel like you have a strong case for a food poisoning lawsuit, discuss your options with a personal injury attorney (like those at Binsky Whittle) as soon as possible.