Can You Sue If You Get Food Poisoning?

The Center for Disease Control and Prevention (CDC) estimates that 76 million people suffer from foodborne illnesses each year in America. Approximately 325,000 of these cases require hospitalization and about 5,000 per year result in death. Many food poisoning cases originate from restaurant food. But can you sue if you get food poisoning?


You May Be Part Of An Outbreak

If you and at least one other person who is not related to you got food poisoning after eating at the same restaurant, you may be part of an outbreak. Many times the specific menu item that made the people sick in these cases is never determined. You may still be able to get settlement payouts from the company that owns the restaurant, however.


A medical diagnosis will be necessary to help prove if your illness came from food and not from another type of stomach bug. Your doctor will need to perform a Pulsed-Filed Gel Electrophoreses Test (PFGE), which can determine the genetic fingerprint of the particular bacteria that caused your illness. If other people who got food poisoning from the same restaurant have matching PFGE results, this will serve as solid evidence for your claim. Your doctor will most likely send a blood, stool or urine sample in for testing, as well, to determine what pathogen (bacteria, parasite, or virus) caused your illness. Make sure you do not throw out any leftovers you took home, as they may also be tested.


If you or a loved one have gotten food poisoning from a restaurant, contact Jacoby & Meyers at (888) 522-6291. We have the legal expertise to help you get the compensation you deserve for your food poisoning case. It’s crucial that you act quickly once you’ve become ill. Report any claims for food poisoning immediately, as limitations may lower or extinguish your claim.

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