Pretty much everyone has had a case of food poisoning in their lifetime. Some of us were lucky, and only had a mild case late in life (I had my first food poisoning at 35), and others have less luck. As common as food poisoning can be, when it’s at the hands of a public establishment such as a restaurant, it is possible to file a legal claim if are compelled to do so. Each case will vary greatly and will depend upon the details of the illness. If you believe that you’ve encountered a foodborne illness as a result of something you ate from a restaurant, here are some things you’ll need to know about making a case.

 

Do You Have a Case?

There are several factors that can determine whether or not you have a case against a suspecting restaurant. For this reason, your best source of information will come from food poisoning lawyers who understand how these lawsuits work. They can provide you with a more in-depth explanation of your legal rights. Most consultations are free or very affordable and therefore contacting them would be in your best interest and wouldn’t break the bank.

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What is Food Poisoning?

Food poisoning, or foodborne illness, occurs as a result of someone eating foods that are contaminated by a virus or bacteria. This bacteria can result from several sources, including when someone prepares food without washing their hands, the restaurant utilized dirty cooking utensils, the meat is undercooked, foods aren’t properly stored, and/or from fish and fruits that are served raw.

Someone who suffers from food poisoning will likely experience symptoms about two to six hours after eating. The illness can last about two days before clearing up and generally does not require medication. Someone who believes they have foodborne illness will experience things like a fever, headache, vomiting or nausea, and weakness.

 

How Hard is it to Prove?

Food poisoning cases can often be some of the most difficult to prove. The reason being is that it can be complex to trace the exact source of food that caused you to be sick. In order to be successful with this claim, you’ll need to show proof that the food from the restaurant was contaminated. Cases such as these can be easier to prove if there are others who were contaminated by the same food or at the same establishment. These are details your attorney will look into should you decide to file suit.

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Liabilities

There are several liability categories that a food poisoning claim could fall under. However, in many instances, it falls under product liability. This essentially means that the product “food” was defective and essentially made you sick. There are other legal liabilities that your attorney will review which include negligence. In essence, the restaurant would be negligent in that they failed to provide a safe and decent environment that also provides safe products “food”.

While there are things you can do in your own kitchen to prevent food poisoning, preventing it when you’re eating out can be a lot harder. Food poisoning, although common and short-lived is still annoying to deal with – especially when it wasn’t your fault. If you or someone you know experienced feeling ill after eating from a restaurant, it is important to be seen by a medical professional and to document everything accordingly. Upon talking with a food poisoning attorney, you will have a better understanding of whether or not you can sue the establishment or not.