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.