People often wonder if it’s possible to sue a restaurant for food
poisoning. It’s true that the discomfort of foodborne illness can
be incredibly unpleasant. Nobody likes to be wracked with stomach cramps
and the like that keep you off your feet for several days. If you ate
at a restaurant and suspect tainted food, you may also want to ensure
that nobody else suffers the same illness.
In truth, however, suing a restaurant over food illness can be a tricky
prospect, and it may simply not be worth the time and effort to pursue.
Learn the reasons why it’s not always the best approach to sue a
restaurant for food poisoning and the importance of getting advice from
a Fresno personal injury attorney.
The Burden of Proof
The biggest issue you’ll face when trying to sue a restaurant over
food-related sickness is proving that you have a sickness from tainted
food, and then demonstrating that you got it from the restaurant. Firstly,
food illness carries many of the same symptoms as the common stomach flu,
which means it can be tricky to tell if you’re sick from tainted
food at all. You may even have a sample of the food to be tested, but
was it tainted when you got it or did it grow bacteria while you were
transporting it home from the restaurant?
The second problem is whether you got it from a restaurant. Foodborne illness
can be contracted from any number of places, and it can sometimes take
up to a week before you actually experience symptoms. That means that
the sushi you ate at the seafood place last night might not be the issue
at all; it could have been the Atlantic cod you had a few days ago that
you made in your own kitchen.
Even if you do strongly suspect that your case of food poisoning came from
the restaurant, you still need to prove negligence on their part. This
means that the restaurant did something wrong which directly resulted
in your illness.
Can you prove that they were keeping food at unsafe temperatures? Can you
demonstrate that an employee failed to wash their hands? Is it possible
that they had no idea the lettuce on their salad bar was tainted because
it came that way from the farm?
Your Fresno Personal Injury Attorney
Beyond these issues, most incidences of food poisoning only last for a
few days and aren’t very serious. Without serious consequences or
injury, it’s hard to pursue a case for damages. These cases can
also take some time to pursue, and by the time you’re done your
symptoms may have passed.
There are, however, certain exceptions to this rule, such as severe cases
of e. coli infection, or botulism, which can even be fatal in extreme
circumstances. In the end, if you’re not sure whether to pursue
a case for damages, your best bet is to contact a
Fresno personal injury attorney like those at Dunnion Law. An attorney will help you to pursue your case,
and advise you if there are other, better options. If you need help or
advice with your injury case, call us for a free consultation today!