There are few things more miserable than food poisoning. You went out to that place you like, had your favorite dish, and now it has come back to haunt you. You’re not alone – about one in six Americans suffer from food poisoning every year. Even mild food poisoning is terrible, but severe food poisoning can actually be dangerous. In fact, it can be deadly.
Food poisoning is a blanket term for a wide variety of food-borne illnesses. It can be caused by bacteria, viruses, mold, fungi, toxins, parasites, allergens, and anything else that you’re not supposed to eat. For example, you can get food poisoning in the form of salmonella, a bacteria transmitted in -or under-cooked poultry. You can also get food poisoning from pesticides on produce that hasn’t been adequately washed. Different contaminants cause different types of illnesses – salmonella is a bacterial infection but pesticides are toxins. One can be treated with antibiotics while the other may require treatments ranging from forced vomiting to ingesting active charcoal.
Mild food poisoning can cause discomfort, diarrhea, and vomiting. Severe food poisoning can cause permanent damage to the organs, including your brain. In some cases, it may be fatal.
Most food poisoning can be traced to bacteria, parasites, viruses, or toxins. While every food humans eat has traces of these threats, they only result in food poisoning because of negligence.
Common causes of food poisoning in a restaurant include:
Not all food poisonings are equal. Some, like those caused by chemical toxins, can cause long-term damage, while others are easily treatable or go away without treatment.
The Ohio Department of Health has a detailed system of rules and regulations designed to keep your food safe. That includes protocols for cooking meat to the temperatures required to kill off harmful bacteria, protocols for keeping raw and cooked foods separate, protocols for storing food at proper temperatures and in appropriate containers, protocols for sanitizing equipment, utensils, and plates, and more.
Inspectors check restaurants regularly (at least once a year) to ensure that they’re following these protocols. Those inspections are graded – that’s the letter grade you see in the window of a restaurant. The inspector checks the dining area, kitchen, and storage areas to ensure that proper food safety protocols are being followed. Violations may be either critical or non-critical. Critical violations are particularly dangerous and may include obtaining food from an unsafe source, using contaminated equipment, or improperly cooking or washing food. Non-critical violations are more minor and may include dirty floors or failure to adequately tie back hair.
You can check out the inspection reports for your favorite restaurants or file a complaint about a potential health issue here.
Restaurants are legally obligated to maintain clean, safe premises and serve uncontaminated food. If you get food poisoning from something you ate at a restaurant, you can file a claim against the restaurant or any other party in the food supply chain for your injury.
However, the challenging task will be to establish a clear link between your illness and the restaurant. That might require an Ohio personal injury attorney to walk you through the entire process.
While the procedure might vary depending on your type of food poisoning, you might need to follow these common steps to file a lawsuit:
Your first step for seeking a food poisoning claim is to get a formal doctor’s diagnosis. A doctor’s assessment will prove the cause of your illness. Your doctor will be able to tell you the cause of your illness – bacterial infection, toxin, mold, or some other contaminant. That will show the court both that you were actually sick and what the cause of the illness was.
The physician will order a lab test to determine the contaminant that made you sick. This test will give you a better hand in your lawsuit or claim.
You should get the diagnosis as soon as possible as the evidence for a food poisoning case is, by its nature, short-lived.
Without a link to the restaurant, you won’t have a case. You could have gotten sick in any number of ways, so you’ll need to prove that the restaurant is actually at fault.
You can:
That proof can come in several ways. It may involve testing your leftovers or other food at the restaurant for the same contaminant. If you suffer a bacterial infection, your doctor may be able to perform a pulsed-field gel electrophoreses (PFGE) test to identify the genetic blueprint of the bacteria that infected you. If the bacteria found at the restaurant have the same genetic signature, that’s strong evidence that the restaurant was the source of the problem. Sick restaurant employees are a common source of contaminants, so they may be tested as well.
In addition to checking out the restaurant and food itself, you and your attorney may want to investigate further up the supply chain. If suppliers of meat or produce have violated health codes and caused your illness, they may be liable to you as well.
A link may show up in the form of other sick customers. If a number of people got sick in the same way and the only link between them is eating at the same restaurant, that suggests that the restaurant is at fault. Check online for reports about people who have suffered from food poisoning in your area. In some cases, such as where a large manufacturer or supplier is the source of the contaminant, large numbers of people may get sick. That makes your individual case stronger and may also lead to a class action or mass tort suit.
From your evidence, you’ll identify the source of contamination and who to file the suit against. This can be the restaurant, the grocery store, a food processor, or any other party involved in the food supply.
Trace your medical expenses, lost wages, and all costs from the food poisoning. The documentation will help determine the extent of your damages.
Your attorney will help you draft and file a complaint against the party at fault for your food poisoning. The legal document will outline the details of your case, the injuries you incurred, and the compensation you’re seeking.
If you or a loved one has been seriously injured, don’t hesitate to seek legal counsel with us right now!
If the effect of your food poisoning wasn’t severe and only lasted a day or two, you can handle the claim on your own.
Put your claim in writing and inform the restaurant about your food poisoning. Share a copy of the meal receipt, medical expenses, and out-of-pocket costs. You can bring evidence like proof of lost wages or a witness statement. Avoid issuing your medical record.
You can ask for compensation for:
Filling a claim won’t be worth your time if the food poisoning didn’t require treatment.
So, you can sue a restaurant for giving you food poisoning. That doesn’t mean it’s the right choice for you. Any lawsuit is time-consuming and can be expensive, so you’ll need to evaluate whether it’s worth it to pursue your claim. If you win, you’ll be able to recover damages for your medical expenses, lost wages, pain and suffering, and other costs associated with your illness.
If the court finds that the restaurant acted with gross negligence, you may also be entitled to “punitive” damages. Punitive damages are not linked to a cost that you incurred; they’re just a punishment for the restaurant. Gross negligence may occur where a restaurant has been notified of health code violations but has failed to act, where a restaurant knew an employee was sick but failed to send that employee home, or in other instances where the restaurant knowingly put the health of its patrons at risk.
If you believe you’re suffering from food poisoning, you should seek medical attention. Some food poisoning is minor, but other types may cause serious and permanent damage. Your doctor can also identify the cause of your illness, which you’ll need if you decide to file a suit. Then, you should contact an experienced local personal injury attorney as soon as possible. The evidence for a food poisoning case is, by its nature, short-lived. The sooner you can start gathering evidence, the better. In addition, the law limits the amount of time you have to file a claim.
Contact us today for a free consultation with one of our experienced personal injury attorneys. We can help you evaluate the strength of your claim and decide whether pursuing the claim in court is right for you.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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