Three Things To Know Before Suing A Restaurant For Food Poisoning

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Three Things To Know Before Suing A Restaurant For Food Poisoning

11 February 2015
 Categories: , Blog


What do you do when a restaurant's food make you sick? Obviously, the first thing to do is to get medical attention, but after that you will want to see some form of restitution from the restaurant. Here are three things you should know before submitting a food poisoning claim:

Know What Made You Sick

The first step is to know the exact thing that made you sick. Saying that it was a bad pizza, or rotten egg will not cut it with any serious insurance company; you have to identify the exact pathogen or chemical that caused your illness. Of course, this means you have to produce a medical diagnosis identifying the pathogen or chemical. For example, it may be Salmonella, a group of bacteria common in meat, raw vegetables or dairy products that haven't been pasteurized or cooked properly.

You Don't Have to Identify the Offending Food

If your meal consisted of several different foods, then it may be difficult to identify which one caused your illness. For example, you may not know whether it was the dessert, drink or even garnishing on your plate. The law recognizes this fact, which is why you are allowed to make a claim even if you fail to identify the culprit.

In most cases, DNA fingerprinting test will be performed to determine the microorganism that caused your illness even if the offending food is no longer in your system. However, you can strengthen your case if you keep any leftovers (even a few scraps may be useful) of the offending case.

The Poison Doesn't Have To Originate From the Food

Lastly, you should know that you aren't restricted to make claims from illnesses that originate from the food you ate. You can even submit a claim if your illness came from an employee. This is because an employee suffering from a contagious disease can transfer it to you when he or she handles your food or even touches the utensils you use. It doesn't matter because the restaurant has a responsibility of keeping their food safe irrespective of where the threat may come from.

These cases are best handled by knowledgeable lawyers who have handled similar cases in the past before. If you try to tackle it alone, then you risk having your claim dismissed or offered a tiny settlement. Of course, your lawyer like one from Law Office Of Daniel E Goodman will use the initial consultation (that is free in most cases) to determine whether you have a strong claim or not.