Personal Injury Claims: Can You Sue Over Food Poisoning?
You might be surprised how many people wonder if it’s possible to sue a restaurant for food poisoning. Nobody likes to get sick, and the flu-like symptoms that go with foodborne illnesses are beyond uncomfortable. When you think you got sick from a restaurant, you may also feel betrayed and angry.
In the end, however, the question isn’t whether you can sue a restaurant over getting sick from tainted food, but whether it’s worthwhile to do so. Learn about suing restaurants over foodborne illnesses, why it gets complicated, and how a Nashville personal injury attorney can best advise you what to do.
The Problem of Proof
There are a number of issues that come into play when you consider suing a restaurant over foodborne illness. The first is proving that you actually have food poisoning and got it from the restaurant. This is an issue because food poisoning can actually take days to manifest, so just because you get sick on Sunday, that doesn’t mean it was from Saturday’s visit to the local eatery — it could’ve been the tuna casserole you made for yourself a few days ago.
In addition, food poisoning shares symptoms with other illnesses, so proving that what you’ve come down with is related to something you ate can be tricky. Even if you have a sample of the food, say from a takeout bag, it could have become tainted while you were carrying it home rather than at the moment it was delivered to your table. Proving the restaurant was at fault can be difficult.
The Negligence Question
The second issue is proving negligence. While it’s a foregone conclusion that restaurants have a responsibility to provide you with food that is safe to eat and free from bacteria, proving that they were negligent in this respect can be rather difficult. Do you have evidence that they were using unsanitary practices, or that an employee didn’t properly wash up before handling food? If not, it can be tricky to pursue a case.
Severity of Symptoms
Finally, pursuing a personal injury case requires that you suffered serious harm in some way. Since most instances of foodborne sickness consist of a few days of discomfort and little more (even though it might be serious discomfort), it can be hard to demonstrate the kind of harm that justifies a lawsuit. Of course, there are exceptions — botulism, for example, is a very serious sickness that can kill you.
Seek Help from a Nashville Personal Injury Attorney
Pursuing these cases can be time-consuming and complex. Your best bet, if you’re looking to get compensated for your foodborne illness, is to seek help from a Nashville personal injury attorney.
If your case is serious enough, your attorney will advise you how to move forward and work hard to protect your rights and get you the best chance for significant compensation. On the other hand, a good attorney will also know when to advise you against proceeding. If you’re in Tennessee and need help or advice with your case, call Mitch Grissim & Associates for more information today.
