Determining Liability for Food Poisoning

Food poisoning is something no one wants to deal with, but it, unfortunately, happens all too often. We can get food poisoning from many different sources and reputable restaurants, which can make it nearly impossible to avoid. According to the Centers for Disease Control and Prevention (CDC), an estimated 76 million Americans get food poisoning every single year. Of those food poisoning cases, 350,000 people are hospitalized and roughly 5,000 people die from food poisoning. There are many different factors that can lead to food poisoning and foodborne illnesses, including spoiled food and improperly prepared and stored food. If you have suffered food poisoning as a result of something you ate at a restaurant, you may be wondering if you have the legal right to sue the restaurant. The answer is more complicated than a simple yes or no, which is why it is important to contact a lawyer to learn more about the process.

Whether or not you can pursue a lawsuit against a restaurant for food poisoning depends on the circumstances surrounding your case. Before you do anything else, if you believe you have suffered food poisoning after eating a local Dallas restaurant, make sure you see a doctor and seek medical attention. Having a healthcare professional diagnosis you with a foodborne illness will come in handy in the event you pursue a lawsuit against the at-fault restaurant.

There are a handful of ways you may be able to prove legal liability for food poisoning. One of the most common avenues these cases take is suing the restaurant for negligence. If you were sickened after eating at a restaurant, you may be able to argue that the restaurant has a duty to serve food that has been properly stored and prepared, and is free of contamination. In order to prove negligence, you must be able to prove that the restaurant (defendant) violated this duty of reasonable care and it resulted in you getting sick. Furthermore, you may also need to prove that the restaurant did not meet the safety standards required of a restaurant. This part can be difficult, but you may also need to prove that your food poisoning was caused by the food served by the restaurant in question and not another source.

Many people mistakenly believe that you must be hospitalized for food poisoning in order to pursue a lawsuit, but this is not the case. However, another consideration in these types of lawsuits may be the type and amount of damages you suffered. Discomfort and inconvenience are often not thought of as enough for damages to be awarded. Lost wages, pain and suffering, and extreme mental anguish may, however, constitute as sufficient damages for a food poisoning lawsuit. This means that an extended hospital stay is not required for you to successfully move forward with a food poisoning lawsuit against the restaurant.

To learn more about pursuing a food poisoning lawsuit in Dallas, please contact Rad Law Firm today. Our personal injury lawyers will sit down with you and determine if you have a food poisoning case that’s worth pursuing.