By: Sean Boelman
Most people have experienced food poisoning at one point or another, and everyone will tell you the same thing: it’s not fun. Mild symptoms can include nausea, vomiting, and diarrhea, but in severe cases, these symptoms can last multiple days and require serious medical intervention or hospitalization. In fact, the CDC reports that an estimated 128,000 people are hospitalized after they get food poisoning each year, of whom 3,000 die.
So, if you have been hospitalized or a loved one has died due to their illness, do you have a right to sue a restaurant for food poisoning?
What causes food poisoning cases?
Food poisoning happens when someone eats food that contains bacteria or other germs that cause illness. Some common examples of foodborne illness pathogens include Salmonella, E. coli, Norovirus, and (in the news recently) the parasite Cyclospora. Food can be contaminated for several reasons, from spoilage to improper preparation and handling, or even widespread food poisoning outbreaks.
Ultimately, the key factor that determines whether someone can sue a restaurant for food poisoning is negligence. Did the restaurant and its employees do something negligent that led to their customers getting sick? For example, was there cross-contamination, a breach of food safety laws or hygiene regulations, or did the restaurant knowingly serve expired or contaminated food? Any of these instances might be enough to pursue a lawsuit for your foodborne illness case.
What happens when you sue a restaurant for a food poisoning claim?
However, when you are suing a restaurant for food poisoning, it is important to have a personal injury attorney on your side who has experience handling the complexities of this type of case. Food poisoning lawsuits present many challenges, including proving liability and causation. This is why, if you are a Virginia food poisoning victim, you should hire a lawyer like Kimberly Raab, partner at Richmond-based law firm Burnett & Williams, who has a track record of winning product liability and premises liability cases involving food poisoning.
One of the most difficult things about a food poisoning lawsuit is proving that the illness you experienced was actually caused by food poisoning.
“There are a number of factors to consider that could create ambiguity in your case, which could have an impact on your injury claim’s outcome,” explains Raab. “For example, did you recently come into contact with someone who was sick with a non-foodborne pathogen, such as the stomach flu? Or is it possible that you got food poisoning from another source, like something else you ate that day? Evidence is the key to these cases, and the medical treatment needs to tie the condition to the food, which means you need to tell the ER doctor what happened so it gets on your chart.”
As with any personal injury case, proving liability in food poisoning cases requires extensive documentation that creates a trail of evidence linking liability to a particular restaurant or manufacturer.
“If you claim that your illness was caused by unsanitary kitchen conditions, local health department inspections can paint a picture of the establishment’s lack of adequate sanitation protocols,” says Raab. “If you claim that it was because you were served contaminated or improperly cooked food, photos of the food in question will be necessary for your case.”
This is why many food poisoning lawsuits that you see in the news are often coordinated mass tort lawsuits. One of the easiest ways a lawyer can prove that an illness is tied directly to contaminated food is if a group of people who ate the same product or at the same restaurant experienced the same symptoms.
“If dozens or even hundreds of people are suing over the same claim, it adds significant credibility to each case,” Raab explains. “In 2018, we represented a client who got food poisoning after consuming a ham biscuit that was involved in a massive recall of over 89,000 pounds of food due to widespread listeria contamination. Because she was able to provide sufficient evidence of the food she’d consumed, the illness it caused her, and the cost of her resulting medical expenses, her case ultimately settled for $16,500.”
Finally, victims need to prove that the damages they incurred were caused by the food poisoning incident. Insurance companies and the court will look not only for proof that the plaintiff was actually made ill but also that it caused them to incur some sort of expense. This requires extensive documentation of medical records, medical bills, lost wages, and other tangible and intangible damages you have suffered.
“In another case we handled, the Plaintiff was a 58-year-old female who ordered a chicken sandwich from a fast food establishment, which was delivered through a delivery app,” Raab says. “The sandwich also had a tomato, and when she bit into the sandwich, she noticed the raw chicken had the same consistency as the tomato. After realizing she’d ingested raw chicken, she photographed the sandwich and sent the photos to the insurance adjuster. She later experienced gastrointestinal issues and had a CT performed at the hospital. Her medical expenses were $29,379, with the initial ER bill costing over $22,000. Prior to filing her suit, she settled for $35,686.”
That said, not every case of food poisoning is worth pursuing legal action over. The process of hiring a lawyer and having them argue your case is expensive, and if there aren’t substantial costs and damages associated with your illness, it’s probably not worth the cost. The types of food poisoning cases that result in a settlement or jury award are often those that result in hospitalization, long-term illness, or sometimes even wrongful death.
Hire Burnett & Williams to handle your Virginia food poisoning lawsuit
“If you or a loved one has suffered food poisoning caused by the negligence of a restaurant, contact us today for a free consultation,” concludes Raab. “Our personal injury lawyers will review your case and determine the best legal options to help get you the compensation you deserve for the damages you have suffered.”
Disclaimer: The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.
