In a previous blog post, we discussed finding foreign objects in food. In this week’s blog, we discuss another frequent concern when dining at restaurants: what to do if you believe a restaurant gave you food poisoning?
What is Restaurant Food Poisoning?
Restaurants often implement strict protocols to keep their kitchens clean and the food that they serve safe for consumption. However, the possibility of personal injury from food poisoning always remains.
Meat, eggs and produce may become contaminated with salmonella or Escherichia coli (E. coli). Further, cooked food that is left unrefrigerated for more than two hours invites bacteria growth.
Food poisoning is inevitable when improper sanitation methods and proper food preparation procedures are ignored.
Who is Responsible? Is a Food Poisoning Claim
Restaurants have a duty to ensure that the food they serve is safe for consumption, and could be liable if something they cooked made you ill.
A serious incident of food poisoning can lead to serious illness, resulting in significant medical expenses, lost wages and other problems. Victims of food poisoning often report symptoms that are similar to those of the intestinal flu including: Nausea, cramps, vomiting, diarrhea, and/or fever. In extreme cases, death can even result.
Steps to Take After Suffering Food Poisoning From a Restaurant
One of the difficult parts of a food contamination lawsuit is actually proving that the food that you consumed was contaminated. Therefore, in order to effectively pursue a food contamination lawsuit, you should immediately take the following steps after you suspect food poisoning:
1. Consult a Physician
A doctor’s diagnosis that is confirmed by a stool sample or other test can help prove that contaminated food made you sick.
2. Keep Records & Bills
Retain all bills for possible reimbursement of medical expenses.
3. Gather Evidence
If possible, retain leftover food scraps for potential scientific testing. In the alternative, retain the bag or other packaging that the food came in, or a receipt to show that you actually purchased the food in question.
4. Ask Around
Ask those who shared your meal if they had symptoms of food poisoning. Restaurants often seek to defend these claims by denying that they received any other complaints that customers became ill after eating their food, reasoning that since no one else became ill, the problem must be unique to you.
5. Seek Professional Legal Advice
Consult an attorney to evaluate your case, advise you on how much time you have to file your food poisoning claim, and steps needed to succeed in a lawsuit.
Get the Help You Need After Being Injured Due to Food Poisoning from a Restaurant
Food poisoning can be a scary experience. If you or a loved one suspect that you have been the victim of food poisoning, please call the personal injury attorneys at Maynard, O’Connor, Smith & Catalinotto, LLP online, or by giving us a call at (800) 721-3553.
With offices located in Albany, Johnstown and Saugerties, we are a convenient choice for injured individuals throughout the Capital District as well as Hudson, Amsterdam, Ulster County and other areas of Upstate New York. If your accident or residence are outside of New York State, you may wish to consult an attorney in your own state, as your state’s laws may differ.
Our experienced personal injury lawyers are practiced in handling these types of food claims and are aware of the unique liability concerns that may arise in such claims. With prompt involvement, we can take the necessary steps to place the restaurant and other appropriate authorities on notice of your claim, and ensure that your rights are not impaired.
Take the first step towards protecting your rights and obtaining the compensation you deserve after restaurant food poisoning left you seriously injured! Contact us today.
Editor’s note: This content was originally published in 2014 but has been updated as of August 2019.
