Food poisoning labels or a lawsuit is something that every restaurant owner wants to avoid. Similarly, customers also don’t want to get sick by eating out.
Well, if you get severe food poisoning by eating out, you can sue the restaurant for it. You have to prove that you got sick by eating in a particular place for any compensation.
Suing someone is not easy. You need eyewitnesses, medical reports, and expect to spend around $1000.
Proving the negligence of the restaurant is the hardest part. You might need a lawyer to prove it. In this article, we will completely guide you to sue a restaurant due to food poisoning.
What’s the First Step?
Call 911 right away if you feel severely sick while eating food in the cafe. It is best to be 100% sure that you got food poisoning from a restaurant.
- Get a proper check-up and keep a record of everything.
- Request your doctor a detailed report.
- Make a timeline of when you first feel pain or feel any symptoms.
- Keep the receipt.
Proving negligence can take some time. So, it’s best to take some pictures of your bill receipt and medical documents.
Is Suing A Restaurant Easy?
Unfortunately no, it’s not easy to eat at any eatery because of illness. You may experience severe sickness, but you have to prove it.
You also need to prove that you hadn’t eaten anything during the day before the dish that caused you sickness. Usually, that’s quite hard.
The settlement or charges are only guaranteed if you prove the allegations.
How To Prove Food Poisoning From A Restaurant?
You can prove it by showing the pathology lab result. A lab can test your blood or another source of contamination.
It is best to consult a doctor within the first few hours of illness and get the detailed checkup report attested by your physician.
Keep the medical records, bill receipts, and get the food tested the right way to prove your allegations.
Even you file a negligence complaint against a Michelin star restaurant. The Michelin inspector can take back the prestigious award, if the diner is found guilty.
Symptoms Of Food Poisoning
There can be various symptoms. In the case of mild poisoning, you often experience cramps. While there are some common symptoms of severe food poisoning:
- Extreme Vomiting
- Diarrhea and Nausea
- High Fever
- Chronic Arthritis
- Nerve Damage
- Blurred Vision
- Bloody Urine
As per the centers for disease control and prevention, you can also end up with kidney failure or brain damage in the worst-case scenario.
When Will You Notice Symptoms?
You will notice symptoms within the first 30 minutes to 8 hours. Usually, the duration varies depending on the food type.
If you get sick by eating rotten meat or dairy products, you’ll experience sickness within 30 minutes. Eating any raw veggies will show food poisoning in 3 to 4 days.
Common Foods That Can Cause Food Poisoning
Here’s a list of foods that can cause sickness to you. To further help you, we have also done detailed research on when you will notice sickness symptoms.
| Food Source | When Will Symptoms Begin |
| Sliced MeatPudding and PastriesBad Sandwiches | 20 minutes to 6 hours |
| Raw FishUndercooked ShellfishOysters | Within 24 hours |
| Undercooked ChickenDried GraviesPre-cooked Foods | Within 12 hours |
| Raw TurkeyRotten EggsBad Milk | 5 hours to 5 days |
| Leafy GreensRotten FruitsContaminated Water | Within 2 days |
| Expired Can FoodsBad Fermented FoodsIllicit alcohol | Within 2 – 3 days |
| Raw BeefRaw VeggiesExpired Juices | Within 2 – 5 days |
| Rotten HerbsDeli MeatsImproper Smoked Seafood | Within 2 days |
Usually, the common cause of food sickness is E.coli and Salmonella, which can be found in undercooked meat or raw vegetables.
So, keeping track of your sickness is best to prove the restaurant’s negligence.
What Will You Get As Compensation?
You can get compensation depending on your sickness period. Usually, the amount varies in every claim. Mostly, you got covered for:
- Medical Bills
- Out Of Pocket Expenses
- Emotional Suffering
- Illness
- Any Loss of Income
For any foodborne illness, the court orders to cover all expenses to the restaurant or food service companies.
How Long Does Food Poisoning Last?
It can last from one day to four days. Mostly, foodborne illnesses get cured within 48 hours in a victim with strong immunity.
In a person with low immunity to foreign bacteria in the body, it can last up to seven to eight days.
What About Fast Food Restaurants And Cafes?
Yes, you can also use any fast-food restaurant chain, including McDonald’s, Wendy’s, etc, for negligence or food poisoning.
All you need is solid proof that ensures that the diner is responsible for your illness.
Suing Restaurant For Food Poisoning FAQs
Is food poisoning the restaurant’s fault?
Yes, it is responsible for diners to ensure quality food. If any customer has proven to get sick after eating food, then it’s the restaurant’s fault for sure.
Who is responsible for food poisoning in a restaurant?
Managers are solely responsible for it. In some cases, chefs are held responsible for cooking rotten food.
Can you have food poisoning without vomiting?
Yes, there is no sign of vomiting in foodborne illness that involves raw meat or oysters. Usually, in such cases, the patient experiences worse cramps and pain.
How Can You Differentiate Stomach Flu And Food Poisoning?
If you experience illness within a few hours of eating, then it’s food poisoning. Sometimes, symptoms appear after a few days.
In most cases, the symptoms are the same. So, it’s best to consult a physician for help or a proper cure.
Wrapping It Up!
You can file a lawsuit against restaurants for food poisoning. But, proving it right without any proper documentation and a law firm is very difficult.
With a proper doctor’s report, you can prove your allegations right. So, it’s strongly recommended to keep the physician report and bill receipt.
