Can You Sue for Food Poisoning?

Chris Feb 15, 2019

A common question many personal injury lawyers get from their clients is related to food poisoning. Can you sue for food poisoning? This is a smart question to ask if you’ve eaten at a Baton Rouge, LA restaurant and then got sick. But, is it the right question to ask after getting sick at a local restaurant? Let’s delve deeper into this question and the other questions you should ask if you are sickened after a meal at a restaurant in today’s post.

Can You Prove Food Poisoning?

Outside of asking if you can sue for food poisoning, it’s also smart to ask if you can prove food poisoning. This is the more important question of the two. Being able to prove food poisoning is very difficult. You very well could have had a bug in your system prior to eating at the restaurant and it coincidentally came to the forefront after you ate at the restaurant, mimicking signs that you might have food poisoning.


Who Can I Sue for Food Poisoning?

So if you’ve determined that it wasn’t a stomach bug and was actually food poisoning you need to consider filing a lawsuit. There are a couple of different people or entities who can be held responsible for your food poisoning and they include the following:

  • The restaurant that served the food
  • The food company that stored the food
  • The food distribution company that transported the food
  • The restaurant employee whose illness led to your sickness

What Can I Recover from a Lawsuit?

If you decide to file a lawsuit there are a few different things you can recover compensation for from the parties held responsible. The most common damages you can claim are medical expenses, hospital costs, lost wages and sometimes even pain and suffering. The most successful lawsuits related to food poisoning are the ones that have a lot of documentation stating that the food or food prep area was contaminated.

How to Prove Food Poisoning

You should take the following steps if you wish to prove food poisoning for a lawsuit:

  • Write down the amount of time that passed between the meal and your first symptoms
  • See a doctor if you do not get better within a few days so tests can be performed
  • Save any leftovers you might have brought home so they can be tested
  • Always consult with a personal injury attorney before speaking to anyone (restaurant owner, employees, manager, insurance company)

Call an Experienced Personal Injury Attorney Today

If you or a loved one ate at a Baton Rouge restaurant and then got sick, it’s a smart idea to speak with a personal injury attorney in Louisiana about your experience. It is possible that you could have suffered food poisoning and depending on the circumstances, you might be able to obtain compensation for your injuries. Call Schwartz Law at 225-766-6775 to schedule a consultation in our Baton Rouge office. You can also complete a contact form on our website and someone from our office will get back to you as soon as possible.

About Author: Chris

Legal Support and Marketing Director

Schwartz Law Firm was founded by Christopher Schwartz in 1997. After obtaining his MBA and law degrees, Christopher Schwartz served as a Workers Compensation claims adjuster. This experience gave him a view of the system from the inside and inspired him to begin his own practice. Christopher Schwartz has successfully represented many injured employees in Longshore claims, Jones Act claims, and Personal Injury claims. He is a tough negotiator, whose track record includes multi-million dollar verdicts and settlements. Chris has also authored a book titled “The Road to Justice”. In his book, Chris outlines how he and his colleagues fight for public safety and what role his clients can play in winning their own personal injury cases. Chris is a native of New Orleans and has practiced law in Louisiana for 14 years. As a result, he understands local laws and feels a special loyalty to local people. He takes every case personally. Chris is available to represent clients anywhere in Louisiana and Maritime clients anywhere in the Gulf South. But he is also qualified to represent Defense Base Act clients anywhere in the world outside the U.S. He also focuses on auto accidents, semi-trailer accidents, 18-wheeler accidents and slip & fall accidents.