Can I Sue A Restaurant for Food Poisoning?
You’re with your significant other on your way to a much-anticipated week at the beach. Lunch is a quick stop at a favorite restaurant and you’re on the road again. A few hours later, after checking into your hotel, you find yourself getting violently ill and spend the balance of your beach vacation either in the bathroom or in the emergency room because you have become severely dehydrated. Not quite what you expected to be doing with your vacation time. You’ve spent hundreds, maybe thousands, on your vacation plans you were not able to enjoy any of it. Doctors at the emergency room diagnosed you with food poisoning. You are certain that the source of the bad food was the stop you made for lunch on your way to the beach. But do you have any recourse?
For starters, document your timeline, include receipts from where you think you acquired the food poisoning, records from the emergency room. The personal injury team of Cohen & Cohen, P.C. can advise you on your next steps. They can check to see if there is a class action suit already filed — meaning many other people eating at that restaurant suffered the same symptoms as you during the same time frame. If a class action suit is underway, it is best to directly contact the Tysons VA food poisoning lawyers handling that specific case.
Joining a class-action suit that is already in existence can be advantageous because:
- The attorneys working the class action suit are experienced with bringing large cases against big corporations. These food poisoning lawyers in Tysons, VA work on your behalf when you join the class action.
- There should be no costs up front for you
- The attorneys take care of all the complicated legal issues
You can also choose not to be a part of an existing class action suit and pursue a lawsuit on your own. Cohen & Cohen, P.C. has attorneys experienced in food poisoning cases and can consult you as to how to proceed.
The biggest challenge to a food poisoning case is proving your claim. In order to be successful in your lawsuit you must be able to show that:
- The food you consumed at that restaurant was contaminated
- Because it was contaminated, it made you sick
Proving that you ate contaminated food at a particular restaurant is hard to prove because there is often a time delay between the time you at the food and the time you got sick. It becomes much easier to prove if others got sick in the same timeframe as you and also reported it.
If a government agency is able to trace the food poisoning to a specific source, it becomes easier to present a case.
To prove that the contamination was the source of your illness, you need to test a stool sample for food poisoning. The results can show that this sample contained the very disease-causing microbes found in the restaurant where you ate. Proving this will definitely make your case stronger.
Contact our team of experienced Tysons VA food poisoning lawyers for a consultation to determine if you have enough information to file a claim against the parties who made you ill and ruined your vacation.