Saturday, October 1, 2011

Suing a Restaurant for Food Poisoning

While most restaurants carry a good amount of liability insurance it can be very difficult to successfully win a claim against a restaurant for food poisoning. The problem is sustaining poof. Many personal injury lawyers will not take a food poisoning case because of the lack of evidence to win the case.

If you feel that you were a victim of food poisoning with a particular restaurant, you will need to act immediately. First go to a hospital and get documentation from a doctor that your illness is due to food poisoning. Now you will have to link that with the restaurant. For that you will need your dining receipt and a witness that will testify that you ate at that restaurant.

Here is the other problem. Was it really the food that made you sick? If no other reports were made about that restaurant at about that time you were there, you will be in a very small minority. So small that it makes it unclear that food was what made you sick if no one else got sick. If you were able to sample the take home food and have it tested and the results came back positive for bacteria or a virus you would have a more compelling case.

As you can see it would be difficult to prepare good food poisoning case against a restaurant if you don't have enough evidence.

A very common stomach virus that can make you very ill and usually comes from restaurants (and even hospitals) is the norovirus. It appears usually in situations where food is prepared. This virus is found in the vomit and fecal matter of the infected person and is transmitted by touch. You will become infected through food, drink and even touching a surface that has been contaminated.

This is why you have to be careful when using public bathrooms. If someone before you goes to the bathroom and doesn't wash their hands they are going to be touching surfaces like door handles. A food handler or yourself can be transmitting this virus very easily and will become ill in a few hours.

Do you feel you have been injured by a restaurant? Seek a personal injury attorney for advice. You may or may not have a case. Click here for more frequently asked questions about law.