If you’ve gone out to eat and soon afterwards found yourself feeling sick, you may be asking yourself, “can I sue for food poisoning?” A food poisoning lawsuit is complicated, but you may have a case.
Food poisoning falls under product liability claims. You’ve been sold a product- the food- and it’s injured you via the poison. This may not be what you’d immediately expect a food poisoning case to be like, but it’s how the courtroom commonly treats it. Depending on the nature of your food poisoning lawsuit, the state of Texas may require you to furnish the evidence, or it may relieve you of this burden. Proving your food poisoning occurred from a restaurant is often the hardest part of a food poisoning trial.
Regardless of whether or not you and your personal injury attorney have to collect the evidence, there are certain things that will make your case easier.
1. Do you know what your illness is? If your doctor diagnoses you with food poisoning, ask for more details. Common pathogens include E. coli, Listeria, Norovirus, Hepatitis, Salmonella, and Vibrio. Knowing what sort of virus you have is often necessary for your case to proceed.
2. Do you need to run PFGE tests? PFGE stands for Pulsed-Field Gel Electrophoreses. This test is the equivalent of dusting a crime scene for fingerprints, except you’re pulsed-field gel electrophoresing your crime scene for bacterial genetic prints. If the specialists find these prints in the restaurant, and on other sick customers, that’s solid evidence you can use in court.
3. Do you still have your leftovers? If you do, don’t throw them away! Your cold food could be the hot, smoking gun needed to link your illness to the restaurant you’re suing.
This evidence may be hard to establish, especially alone. A Texas personal injury lawyer can be a huge relief while you’re already suffering from a sickness. There are some additional factors to consider as well, which may give your food poisoning case more traction.
If you’re not sure which food exactly you ate was the culprit that made you sick, you may still have a food poisoning claim. And even if the pathogen came from a sick employee, rather than the food directly, you may still be able to sue the restaurant. If it’s discovered that the restaurant was grossly negligent, you may have a claim for punitive damages, too- this means that the restaurant has a history of health code violations, or has not sent sick employees home when it should’ve. Punitive damages are often far greater than a normal suit would award.
There may be time limits regarding how long you can wait before you sue a restaurant or other parties found liable for your food poisoning. So if you’re asking yourself, “can I sue a restaurant for food poisoning?”, don’t delay! Contact a Texas personal injury lawyer at Ramsey Hill Law Group to confidentially discuss your options immediately, at no cost to you. Call us at (888) 970-2879 or email us with the form below right away.