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Can You Sue a Company for Food Poisoning?

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, low-quality food sourcing, and improper food storage 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 parasite or pathogen involved. The Centers for Disease Control and Prevention (CDC) reported that about 48 million individuals suffer from food poisoning while another 3,000 die from it every year. Most of these cases are able to resolve quickly, but many still result in serious complications.

Frequent causes of food poisoning include Salmonella, E. coli, listeria, and botulism. Most of these pathogens and parasites can cause one to suffer severe stomach issues, vomiting, nausea, 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 show a failure to exercise a reasonable standard of care in either a restaurant or the in obtaining supplies.

When attempting to prove liability, one must be able to provide proof of a food poisoning diagnosis and that the restaurant 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 identify 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 and Van Der Walde – Injury & Accident Attorneys 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.