The Challenges When Suing A Restaurant For Food Poisoning

by Terry Bryant

Suing a restaurant for food poisoning is usually a challenging task, mostly because the illness is typically short lived. In fact, it may not even be worth pursuing such a claim, unless the illness required a hospital stay or extensive medical treatment. That’s why, in most cases, these claims are linked to an outbreak of a deadly pathogen, such as E. coli or salmonella. Such outbreaks can inflict serious, even life threatening complications, and they are much easier to prove in a court of law.

The primary challenge when suing a restaurant for food poisoning is that the disease is temporary, and may not be present by the time a victim decides to pursue a claim or even seek medical treatment. The victim will have to prove that the business served a contaminated meal and that another source didn’t contain the pathogen. Fecal samples and leftovers, properly stored, may provide the needed evidence, but the victim will have to work quickly to gather it.

If the illness was caused by a bacterial or viral outbreak, and the source is traced back to something the victim ate, it will be much easier to prove a claim. Medical records and purchasing records are often enough, though it is still better to have an attorney assisting with the case, as they can help secure a higher settlement than what would normally be possible.