Free Initial Consultation
Byrd Davis Alden & Henrichson, LLP - Personal Injury Lawyer
Free Initial Consultation

Can You Sue for Food Poisoning?

While coming down with food poising does present an unpleasant experience, is it enough to warrant a lawsuit against the provider of these harmful foods? In some cases, food poisoning may lead to a lawsuit alongside a significant recovery. If the injuries are severe enough, victims of food poisoning might be able to sue for millions on the grounds of negligence.

Liability for Food Poisoning. There are many ways to prove legal liability on the part of a restaurant if a consumer has food poisoning. If you decide to sue for negligence, you and other sickened parties after eating at a restaurant can argue that a restaurant has a duty to serve patrons food that has been properly stored, is properly prepared, and is not contaminated with potential bacteria causing food poisoning.

A lawsuit for negligence requires proof that the defendant violated its duty of reasonable care and that this violation was the cause of your damages. In a negligence lawsuit for food poisoning, you may need to prove that the restaurant failed to live up to the safety standards generally required in the restaurant injury, such as by allowing kitchen staff to prepare food using unclean utensils or storing food at an unsafe temperature. In addition, you will be required to prove that your illness was caused by the food served at the restaurant and not food from another source. This evidence can be obtained through food samples from the restaurant or testimony from workers that deal with sanitation standards. In some cases managers will order employees to serve questionable food to cut costs, and these employees can serve as resources for proving negligence.

Hospitalization Is Not Required. When filing a lawsuit you will also have to consider the amount of damages suffered. While you won't be able to file simply for discomfort or an inconvenience, you might also be able to proof sufficient need for compensation without a hospital visit. If you can show that you suffered some form of damages through lost wages because of missing work, pain or suffering, or even mental anguish that is beyond the normal expected limits, you could recover for these injuries.

While more uncommon that traditional personal injury lawsuits, food-borne illness injuries can cause serious repercussions in working individuals and families. If you have suffered at the hands of a food service provider, contact Byrd Davis Alden & Henrichson, LLP today so a personal injury attorney can talk to you about next steps.

No Comments

Leave a comment
Comment Information

Start Your Initial Consultation

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

email us for a response
  • American Board of Trial Advocates texas trial lawyers association
  • superlawyers

    Robert Alden: 2005, 2006, 2008-2019
    Kevin Henrichson: 2017-2019
    Rising Star: 2005-08, 2013-14
    Derek Davis: Rising Star 2004

    Super Lawyers are chosen by Thomson Reuters and published in Texas Monthly Magazine

  • Don Davis:
    Personal Injury Litigation 1993-2014
    Legal Malpractice Law 2014

    Robert Alden:
    Commercial Litigation 2006-2020
    Bet-the-Company Litigation 2010-2020
    Personal Injury Litigation 2011-2020
    Lawyer of the Year – Personal Injury 2012
    Lawyer of the Year – Bet-the-Company Litigation 2019

    Best Lawyers publishes selected Lawyers in US News & World Report

  • av lexis nexis

    Don Davis | Robert Alden

    AV Preeminent is the highest peer review rating by Martindale-Hubbell

  • bar register preeminent lawyers

    Byrd Davis Alden & Henrichson, LLP:

    Martindale-Hubbell publishes the Bar Register of Preeminent Lawyers

  • Byrd Davis Alden & Henrichson, LLP:
    Tier 1 Personal Injury Litigation 2010-2019
    Tier 1 Commercial Litigation 2011-2019

  • Byrd Davis Alden & Henrichson, LLP:
    Tier 1 Personal Injury Litigation 2010-2019
    Tier 1 Commercial Litigation 2011-2019

firm building

Byrd Davis Alden & Henrichson, LLP
707 West 34th Street
Suite 1
Austin, TX 78705

Phone: 512-593-7650
Fax: 512-451-5857
Austin Law Office Map