Call us now ! Send us an email Centre St NE Orangeburg United States

Back to Top

Call for Your Free Consultation

Increase Your Chances of Winning a Food Poisoning Lawsuit

Man suffering from stomach ache
After you have become ill after eating at a restaurant, you will want to act. The more time that passes, the less likely that you will be able to sue a restaurant for damages successfully. Successfully suing a restaurant not only helps you receive compensation but will also deter the restaurant from using unsafe food preparation methods.

Assess Your Likelihood Of Success

First, you will want to consider whether you feel that the damages are significant enough to justify a personal injury case. For instance, if you became so ill that you had to spend time in the hospital, the medical expenses and time spent away from work may justify a lawsuit. Contact an attorney for advice on whether to proceed.

Rule Out Other Causes

You must also determine whether something else has made you sick. For instance, there may have been something else you ate, or you may have gotten the flu. With the help of your doctor, you should rule out other causes. However, once you are certain that the restaurant meal caused your illness, you must gather evidence quickly.

Have Your Leftovers Tested

Having leftover food is one way to prove that the food is contaminated with bacteria. If you have the leftovers tested quickly and technicians find evidence of a harmful bacteria, you may argue that the food caused your illness and that nothing happened between then that introduced the harmful pathogens to the food. 

Consider Suing For Negligence

If you can prove that the restaurant caused your illness, you can sue on the grounds of negligence. Restaurants are required to maintain a safe and sanitary kitchen. For instance, if soup is left unheated, the soup may develop bacteria when the restaurant eventually serves it. If you ever eat food that tastes odd, bring it home and see if you become ill. 

Contact Your Public Health Department

The easiest way to prove that the restaurant made you sick is if a government health agency gets involved after there is a food poisoning outbreak. To increase the chances that this happens, report your case of food poisoning to your state public health department.

A product recall or a public health warning will increase the chances of your lawsuit being successful. Then, all you have to do is prove that restaurant used the products affected by the recall. You may even join with others affected to file a class action lawsuit.

Consider Suing For Product Liability

Besides negligence, you may sue under strict product liability laws. Restaurants are responsible for making sure the food they purchase or produce is safe to eat. If the food is unreasonably safe, you may sue each individual down the chain of distribution. Because you do not have to show a lack of reasonable care, this approach is easier.

Sue For A Breach Of Warranty

Another way you can sue a restaurant for food poisoning is over a breach of warranty. Restaurant products come with an implied warranty in which there are basic expectations such as the idea that the restaurant would not serve contaminated food. This lawsuit also follows the food through the chain of distribution. 

Know The Statute Of Limitations

Not only do you need to hurry to avoid losing evidence, but you must also hurry to prevent the statute of limitations running out. For South Carolina, you have three years to sue.

If you need legal consultation, Dean Law Firm LLC can help. Our top priority is to make sure that you receive medical care and we will work hard to seek a settlement while you are recovering.