From Restaurant to Courthouse: Should I Consider a Food Poisoning Lawsuit?
The Centers for Disease for Disease Control and Prevention report that it investigates upwards of 36 multistate foodborne illness outbreaks each week. These investigations range from smaller outbreaks that doesn’t make the news to the E. coli outbreak linked to the onions served in Quarter Pounders at McDonald’s.
Simply put, food poisoning is a common issue – and one that can have massive consequences. Let’s break down the growing risk of food poisoning outbreaks and how you can fight back if you deserve compensation for your illness.
Are Food Poisoning Cases Increasing?
According to the CDC, the risk of getting sick from foodborne germs has increased in recent years. Food poisoning cases had gone down during the COVID-19 pandemic, but the risk of getting sick from E. coli, salmonella, listeria, and other foodborne illnesses began rising again in 2022.
These days, the CDC estimates that roughly 48 million people get food poisoning each year, which is roughly one in six Americans. Most cases result in relatively minor, but still unpleasant, symptoms. However, that still leaves an estimated 128,000 people hospitalized each year from foodborne illnesses, resulting in approximately 3,000 deaths.
How Can I Get Food Poisoning?
Food poisoning happens when someone eats something that is contaminated and gets sick as a result. There are a variety of ways that your food can become contaminated.
- It’s expired.
- It was stored improperly.
- It wasn’t cooked well enough to kill any existing bacteria or other contaminants.
- Cross contamination, such as vegetables being placed on a surface that once had raw meat on it.
- Someone with dirty hands touched the food while it was prepared.
While food can become contaminated anywhere, more than 60% of foodborne illness outbreaks occur at restaurants, with sick or contagious workers causing 40% of those outbreaks. That potential contamination means that what you thought was going to be an enjoyable meal can turn into an unpleasant experience – or much worse.
How Do I Know if I Have Severe Food Poisoning?
While you may know the common symptoms of food poisoning – nausea, diarrhea, stomach pain, vomiting, and fever – it can be difficult to recognize when it’s time to seek medical help.
Signs of food poisoning can start appearing as quickly as 30 minutes after you’ve eaten contaminated food, although some can take days to appear. More mild symptoms should go away within a few days, but you’ll want to watch out for more serious complications. The CDC recommends seeing a doctor if you experience any of the following symptoms.
- Bloody diarrhea
- Diarrhea that lasts more than three days
- A fever of more than 102°F
- Frequent vomiting that prevents you from keeping liquids down
- Signs of dehydration, such as dizziness, dry mouth, and a lack of urination
Can I Sue for Food Poisoning?
While there’s little you can do to anticipate food poisoning, that doesn’t mean that you can’t hold people accountable for it.
The simple answer is yes – you can sue a restaurant or some other type of business if their food gives you severe food poisoning. Of course, that answer comes with the caveat is that you’ll need to establish your case with some specific evidence. Let’s break down what you need to consider before pursuing a food poisoning lawsuit.
How Do You Win a Food Poisoning Lawsuit?
As you might expect, you need evidence to prove that a business is at fault for a foodborne illness. When it comes to food poisoning lawsuits, you’ll need to establish a few key elements for your case.
- The food you ate was contaminated: You will need to prove that the food you ate was contaminated with E. coli, listeria, or some other notable contaminant.
- The contaminated food made you sick: You can’t just say that the food made you sick. You’ll need medical evidence that shows your symptoms and suffering were indeed caused by food poisoning.
- The business did not fulfill their duties: A business is responsible for the products that they serve and the actions of their employees, and you’ll need to show evidence of their failure to keep their customers safe.
To establish this case, you’ll need to gather some different documents and other forms of proof. Potential evidence can include:
- Medical documentation about your illness.
- Positive test results that name the specific pathogens that made you sick.
- Records showing other people who became ill from the same establishment.
- Health department citations or reports for that business.
- Receipt or proof of purchase of your food.
- Leftover contaminated food for testing.
What Compensation Can I Seek for Food Poisoning?
Severe food poisoning can have dire consequences that affect you physically, emotionally, and financially. Potential compensation for food poisoning can cover:
- Medical expenses.
- Pain and suffering.
- Emotional hardship.
- Lost wages.
- Wrongful death if food poisoning was fatal for a loved one.
- Other out-of-pocket expenses linked to food poisoning.
In addition to having a court rule on your case, it’s also common for food poisoning lawsuits to be settled out of court. Settlement amounts can vary widely, with some cases ranging from thousands to millions of dollars depending on the case.
When Should I Consider Legal Action for Food Poisoning?
While not every case of food poisoning warrants legal action, a lawsuit can be both viable and necessary. It’s important to evaluate the severity and impact of your situation to see if a lawsuit can help you recover your losses and hold negligent parties accountable.
You should consider pursuing legal action if you’ve experienced:
- Severe symptoms requiring hospitalization
- Significant medical expenses
- Extended time away from work
- Long-term health complications
What are Next Steps if I Want to Pursue Legal Action for Food Poisoning?
It’s important to act quickly and build as strong of a case as possible. You’ll want to take a few steps if you want to pursue a food poisoning lawsuit.
- Seek medical attention if you haven’t already.
- Keep all medical documentation for any medical treatment.
- Report the incident to your local health department.
- Document everything you ate in a 72-hour span before you became ill.
- Keep any receipts or proof of purchases for this food.
- Contact an experienced attorney to have them evaluate your case.
Simply put, you deserve to receive the compensation you deserve – and that’s why Brian and Bruce Taubman are here to represent people throughout Ohio. We have decades of experience doing what’s right for our clients, including filing the first lawsuit in Ohio concerning McDonald’s Quarter Pounder E. coli outbreak.
Think you have a valid food poisoning case? Contact Taubman Law today for a no-cost, no-obligation evaluation.
