Can You Sue a Company for Food Poisoning?

Posted By Caputo & Van Der Walde LLP || 17-Apr-2018

Many of us eat at restaurants, whether you do it occasionally for a date night, or a few times a week with friends. The fact is eating out is often a form of entertainment for many of us and, while we all hope to have a good time and enjoy our food, sometimes restaurants fail to put the interests of their diners first, turning what was meant to be an enjoyable experience into a total nightmare. Poor cleaning practices, improper food storage, and low-quality food sourcing can all lead to you develop a bad case of food poisoning. Some might not think this is a big deal, but you can actually sue a company for it.

Food poisoning is a lot more serious than many of us think it is, depending on the pathogen or parasite involved. The Centers for Disease Control and Prevention (CDC) reported that about 48 million individuals suffer from food poisoning incidents while another 3,000 die from them every year. Most of these cases are able to resolve quickly, but many still result in serious complications.

Common causes of food poisoning include listeria, E. coli, salmonella, and botulism. Most of these pathogens and parasites can cause one to suffer severe stomach issues, nausea, vomiting, and even respiratory difficulties and weakness. Food poisoning is particularly a major threat to young children, the elderly, and those who have compromised immune systems.

Proving Liability

In some cases, food poisoning claims can be rather difficult to navigate, given that many are isolated events that are not foreseeable or preventable. In other cases, food poisoning incidents could represent a failure to maintain a reasonable standard of care in either a restaurant or the ingredient supply chain.

When attempting to prove liability, one must be able to provide proof of a food poisoning diagnosis and that the restaurant proximally caused the illness, which resulted in serious harm. One of the most significant obstacles is, of course, to connect the restaurant’s food with the illness, which is why you need an attorney who is experienced in handling such cases and has access to medical experts who can isolate the pathogens involved and connect it to the restaurant.

In addition to meeting these requirements, you must also prove that you experienced serious harm as a result of the illness. Having to miss out on a few days of work or having to visit the hospital as an outpatient might not be a valid legal claim. Generally, to have a valid food poisoning case, the harm must be substantial, resulting in debilitating or even permanent harm.

San Jose Food Poisoning Injury Attorney

If you contracted a foodborne illness that was caused by a restaurant’s unsafe or unsanitary practices, the San Jose personal injury team at Caputo & Van Der Walde LLP has the experience and skill to effectively represent you. Backed by more than 100 years of collective legal experience, you can be confident in our ability to obtain the compensation you deserve.

Get started today and give us a call at (800) 900-0863 to schedule a free case evaluation with a knowledgeable member of our legal team.

Categories: Food Poisoning
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