You went to a fast-food restaurant and got sick. Can you sue them?
Yes! You should be able to sue for food poisoning in many cases. It’s all about whether or not you can prove that the restaurant’s negligence caused your illness by serving you bad food. According to a survey, there were more than 1400 cases of food-borne disease in the US between 1998 to 2020. Let’s talk about how these cases work and what you need to do if you want to sue for food poisoning after eating at a fast food chain.
Who Is Liable for Food Poisoning?
If some fast food has poisoned you, there’s a good chance that the restaurant is liable for your illness. However, several factors determine whether or not a restaurant will be held responsible for food poisoning.
If you were poisoned by food at a fast-food restaurant, you might be able to sue them for your injuries.
Generally speaking, the party who sold you contaminated food is liable for any injuries caused by eating it, even if they didn’t know about the contamination. It means that if your burger was contaminated but came from McDonald’s, then McDonald’s could be held responsible if you get sick from eating it.
Hiring an Experienced Attorney
When hiring an attorney, it’s necessary to find the right fit. Your legal representation can make all the difference in your case and will likely be with you through every step of your food poisoning lawsuit. Therefore, you want an attorney knowledgeable about this type of case and who has experience with similar matters.
For example, if you’ve suffered food poisoning after eating at a fast-food restaurant in St. Louis, it would be smart to look for an experienced personal injury lawyer in St. Louis who specializes in these types of cases.
Ask potential lawyers about their fee structure and request references from other clients. It helps you to get feedback on how satisfied they were with the services provided by your potential attorney before signing any contracts or making any payments upfront.
Food Poisoning Claims Against a Fast-Food Chain
Fast food chains are the perfect places to get food poisoning. Most restaurants have limited ingredients and only use a few different cooking methods. Hence, if something goes wrong with any one of them, it can spread through the whole chain like wildfire.
So what kind of food poisoning can you get from your local fast food joint? Salmonella and E. coli are two common culprits. Both cause gastrointestinal distress that lasts for days, sometimes weeks. The symptoms include vomiting, diarrhea, and stomach pain. You may also experience fever or chills, depending on which bacteria caused the infection in your body.
Other common causes of food poisoning include norovirus, which is very contagious and can be spread by infected food handlers or poor hygiene practices. Hepatitis A and parasites are also common culprits; they’re more likely to cause long-term health problems than Salmonella or E. coli but are easier to avoid if you know where they lurk.
Is It Worth Suing a Fast Food Restaurant for Food Poisoning?
If you’ve suffered from food poisoning at a restaurant and want to sue for your medical bills, lost wages, and suffering, you may be surprised that it’s not a simple task.
Suing requires time spent on research and paperwork. Even if you win the lawsuit, who will provide a guarantee of getting money as compensation for your losses?
But let’s assume everything goes smoothly and both parties agree on how much money should be paid out after trial or before trial. How much is this going to cost? It depends on several factors, what kind of lawyer you hire; how long your case takes before settlement or trial starts.
Another essential thing to remember is that if you cannot relate your illness to food poisoning with a particular restaurant, be ready to face a counter lawsuit for defamation. For example, if you get sick after eating at a fast-food restaurant, file a suit against them to get compensation for your suffering. The necessary thing you have to do is to prove that the misery caused to you was because of the negligence of the restaurant staff and owner. But if you fail to justify this, the consequences can be very bitter and may even cost you a financial setback if the restaurant files a defamation case against you.
Learn More About Personal Injury Lawsuits
It’s necessary to remember that you can always bring a personal injury lawsuit against a business, regardless of whether you have been infected with food poisoning or any other kind of illness. However, when filing a personal injury lawsuit for food poisoning, you must speak with an attorney who practices in this area.
A good way to tell if you’ve got a case is by speaking with an attorney familiar with the legal landscape surrounding these kinds of cases. If they say your chances are good, it’s time to shift into action mode. Take pictures and gather evidence like receipts or anything else that might help prove damages sustained due to being poisoned, i.e., medical bills. Once everything is ready to go, take a step and file a suit seeking justice.
There Must Be Proof of Harm
If you are considering suing a fast-food restaurant for food poisoning, it’s crucial to understand the specific elements of your claim. First and foremost, you must show that you were harmed. For this, there must be proof of harm. It means whether it’s a doctor’s note or other documentation from a health professional.
Next, there must be proof that your illness was caused by contaminated food served at the restaurant. It could be difficult if others who ate the same meal did not get sick. But it can also help make a strong case against them if they did. If other customers got sick but not enough people had severe symptoms to seek medical attention, then perhaps there was something wrong with just one batch of fries.
Always Be Safe When Consuming Food from Any Restaurant
Always be safe when consuming food from any restaurant. If you think something doesn’t look or smell right, don’t eat it. Don’t take a chance on food sitting out too long; it could make you sick. And don’t eat anything cooked in a way you are not familiar with.
Remember that there is no guarantee that you’ll win your case. You will have to prove that you were harmed and that the restaurant was negligent. If you think it could be worth pursuing, talk with an attorney before deciding whether or not to sue.