Can you sue a restaurant for food poisoning? Of course, you can, but should you sue a restaurant for food poisoning? If you got food poisoning after eating at a restaurant, you need to consult with your personal injury attorney in Kentucky, asking them about the best course of action to take.
One of the first questions your personal injury attorney will ask you if you can prove that the restaurant was responsible for serving you food that made you fall ill with food poisoning. The next question your attorney will want you to answer is the extent of medical attention you received that resulted in loss of income and medical expenses.
Proving Your Food Poisoning Claim
Food poisoning also known as foodborne illness is a result of eating spoiled, toxic, and contaminated food. Some of the common symptoms that indicate you have developed food poisoning include:
· Abdominal cramps
· Loss of appetite
· Mild fever
The more severe and life-threatening symptoms of food poisoning include:
· Diarrhea that occurs over the period of three days or more
· A fever higher than 101.5 degrees Fahrenheit
· Severe dehydration that causes dry mouth, struggling to keep fluids down, and passing little to no urine
· Passing bloody urine
If you experience any of these symptoms after dining at a restaurant, you may have a case against them, but you will know for sure when you consult with a seasoned personal injury attorney, as they can better guide you by looking at all aspects of the case. Even then, proving the connection between your illness and the restaurant is difficult, especially if a lot of time has passed between eating the food and food poisoning.
For this reason, it is important for you to consult and hire an experienced attorney in Kentucky who has handled an incredible number of food poisoning cases. Your personal injury attorney can help you answer the following questions the attorney, representing the restaurant, may ask you questions such as "Could it be possible you ate something else during the day that made you sick?" and "Could it be that you contracted the stomach flu?"
If you are confident that nothing else you ate during the day made you sick, your personal injury attorney will help you prepare your case against the restaurant. If you do have evidence, which is rare in cases of food poisoning, you can make a solid argument against the restaurant. For instance, the evidence could be the leftovers you took home.
To prove your food poisoning claim, you can send the leftovers to a lab for testing. If the lab results identify the presence of bacteria in the food, you have a case. However, the restaurant will counter your lawsuit by stating that you probably left the food outside on the counter too long, causing it to become contaminated, or make some other counter argument.
How Can You Make Your Food Poisoning Claim Even Stronger?
If you can proof that more than one person developed food poisoning after eating the food at the restaurant, you would have a much more stronger argument. Another argument you can make is if the restaurant continued to use the ingredients after they had been recalled or a health agency issued a warning.
In that case, you will have to prove that the restaurant you ate at used recalled or flagged food products to prepare the dish they served you. Your seasoned personal injury attorney will help you navigate all the legalities of the case, helping you file a lawsuit supported by evidence.
Is Suing a Restaurant for Food Poisoning Worth It?
No one plans to get sick after eating a meal at a restaurant, but it can happen.However, filing a lawsuit against the restaurant is not worth it if it only involves going to the bathroom and feeling under the weather for a few days.
It may be a waste of both time and money if you are unable to prove your case against them, but if you are confident that you can, consult with a personal injury attorney to give you more direction and help you file a lawsuit, one that would result in you receiving fair compensation from the restaurant.
In severe cases where food poisoning causes you to spend a few days in the hospital or you contracted salmonella or E. coli, you should engage the services of an attorney. Your personal injury attorney will compile all the evidence such as medical bills, loss of income, and other expenses that resulted from you getting food poisoning to the court.
Before you consider filing a food poisoning lawsuit against the restaurant, consult your personal injury attorney about it first. Discuss with them on how you should move forward with the case. Your attorney will look at everything you told them and inform you whether you can make a case against the restaurant or not.
They may also suggest you reach a settlement with the restaurant where your personal injury attorney will negotiate the amount of money they should allot you for experiencing food poisoning due to their food. Your personal injury attorney may ask them to compensate you for extreme mental anguish, lost wages, and/or pain and suffering you went through due to the contaminated food you ate at the restaurant.
Are looking to hire the services of a qualified and experienced personal injury attorney in Kentucky? You can stop your search and get in touch with Christopher Jackson Law by contacting us at 859-261-1111 to schedule a free consultation. Your personal injury attorney will work alongside to help you build a strong case against the restaurant for food poisoning and help you obtain a fair compensation.