Should I File a Lawsuit against a Restaurant for Food Poisoning?

food poisonIf you ate at a particular restaurant and became sick afterward, you might suspect that something in the food caused your illness. And, you might be right.

Now, ask yourself – Can you prove that the restaurant is responsible for causing your illness? Did you actually suffer a level of harm that might justify expending the time and money to file a legal claim?

When considering a lawsuit against a restaurant, think about:

  • Do the benefits of a lawsuit outweigh the costs? Think about all the time you will spend with attorneys and in court. What about all the money and your emotional patience?
  • Find out who owns the restaurant. Is it a mom and pop establishment or a local franchise or a national chain?
  • Were you really sick enough to warrant a lawsuit? You don’t want to run the risk of having your lawsuit deemed a frivolous lawsuit and tossed out of court.
  • Do you have a recognizable legal claim? What are you suing over?
  • Did you see your doctor immediately upon getting sick? Your doctor’s comments will carry far more weight than your own.

You will have a much easier path to a successful legal claim over food poisoning if you’re not the only one who was affected. In recent years, so many different foods have been recalled, such as ground beef products, spinach and chicken. Did anyone else in your group fall sick? Did you see someone at another table get sick?

No one likes getting sick, especially from food poisoning where it’s uncomfortable and disruptive. If you are confident that you can prove that a restaurant caused your food poisoning, but the only result is a dozen or so trips to the bathroom and a few days of feeling under the weather, it might not be worth it to pursue a legal claim.

However, it’s a different story if your bout of food poisoning involves hospitalization or a dangerous microbe like E.coli or salmonella. In situations where medical bills add up and food poisoning causes more than a few days of discomfort, it might be worth it to contact a personal injury attorney and discuss your options.

If you have gotten sick after eating at a restaurant and have questions regarding a possible claim, contact the San Bernardino personal injury law offices of Welebir Law for the extra guidance you need at this time.


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