Food poisoning can have more serious consequences than an upset stomach. In some instances, it has lead to permanent injury and death. If you suffered from food poisoning after eating at a restaurant, here is what you need to know about your legal options.
Is It Worth Taking Action?
Food poisoning have some significant challenges that could have a bearing on whether or not you should take action. For instance, it can be difficult to prove that one particular restaurant was responsible for your injuries.
For some people, it is not worth pursuing legal action against a restaurant for food poisoning. For instance, if you only experienced vomiting and diarrhea, it might not be worth it. Any damages that you would be able to recover would be relatively small and barely cover your legal expenses.
However, if the food poisoning lands you in the hospital and keeps you from working for several days, filing a claim against the restaurant could make sense. This is especially true if you experience a serious health condition, such as salmonella.
What Can You Do to Prove Your Claim?
Food poisoning cases are complicated by the fact that the injured parties might not be able to prove that they received contaminated food from a particular restaurant. Therefore, it is important that you start to collect evidence that points to the restaurant as the culprit as soon as possible. There are a few ways you can do this.
One of the best ways is to have the leftovers from the restaurant tested. A laboratory can look for harmful bacteria that could have led to your illness. The final report can help prove your claim against the restaurant.
You and your attorney can also look for other people who might have been affected by the restaurant's food. This could require running an ad in the local newspaper in hopes that someone comes forward who has the medical records to back up his or her claims.
In addition to these measures, you can check with the local health department to determine if there were previous reports of food poisoning at the restaurant. If the restaurant has a documented history of safety problems, this could prove that it is possible that you suffered food poisoning from eating there.
Your personal injury attorney will help you determine if it is worth pursuing a case against the restaurant. The attorney can also help with proving your case.Share