A commercial food service’s legal responsibility is to produce and serve food that is wholesome and “fit for human consumption.” Failure to abide by this duty which causes harm to a person can result in legal liability for the resultant losses, including medical expenses, lost income, permanent disability, and pain and suffering. It is not necessary to prove that they knew the food was contaminated, but if any employee did know, this is important evidence to verify and preserve in case a food poisoning lawsuit is filed. Any food that is poisoned, spoiled, contaminated with vermin parts or broken glass, or improperly prepared so as to be dangerous to health would qualify as “not fit for human consumption.” Consumables that are not quite so obviously tainted may require the review of an experienced food poisoning lawyer to determine liability.

Should You File a Lawsuit? Not Always

Does this mean that a person who gets sick from food in a restaurant should always file a food poisoning lawsuit? Of course not, especially where the harm was perhaps two days of upset stomach and intestinal distress with no permanent harm. Even if a person were inclined to pursue such a case, the costs of formal litigation would likely far exceed the damages likely to be awarded. In fact, the greater number of food poisoning cases resolve themselves within three days without any residual damage. If anything, such a case might be pursued in Small Claims Court. However, other cases can result in months of lost income, permanent nerve or muscle damage, large medical bills and even death.

What to do if You Suspect Food Poisoning

If food poisoning at a commercial establishment is suspected, the first task is to see a doctor. (Read the accompanying article Food Poisoning Symptoms and if some of these symptoms appear shortly after ingesting food or liquids from questionable sources, suspect food poisoning.) At the same time, the food at issue should be preserved for evidence. Certainly, the restaurant is not going to save it for you to use later. If it is suspected that the food poisoning is going to be of the more serious variety, the victim’s family or friends would do well to see a food poisoning lawyer (or personal injury attorney) promptly. The attorney may then be able to secure evidence and statements from employees and witnesses who may not remember the occasion at issue at all five months later.

If food poisoning is immediately suspected while still at the restaurant or other commercial establishment, you might try to engage the employees in conversation to explore what they know about the problem. You never know. It may be a recurring problem of which they have notice. This would help a great deal in the event of litigation. In addition, everyone who ate should make a written note of what they ate, as they might not recall months later. It will be important in narrowing down the source of the contamination.

Food Poisoning While Away on Vacation

If the incident occurs on vacation, an attorney local to the site of the incident should be retained, not one back home. If you get sick at a resort or on a cruise ship, it is unlikely that the management will admit that their food was the cause because people get sick for many reasons. Of course, if many people from the same resort or ship get sick, then the source of the illness becomes more obvious. If it is not a very serious illness, you might negotiate a free meal, trip, or ticket for the future to compensate, but there is no statute which says they have to do this.

Hiring an Attorney

Other than in Small Claims Court, it would not be wise to attempt to settle or litigate a claim of food poisoning without an experienced food poisoning lawyer. Where a restaurant’s reputation is at stake along with their livelihood, you can assume they will not easily admit to fault. In addition, a local attorney may have knowledge of local issues or other incidents that will help. At the least, he or she will be more experienced and skilled in how to investigate and document a food poisoning claim.

If you have suffered a severe bout of food poisoning and suspect negligence on the part of those who provided the food to you, contact an experienced food poisoning lawyer right away. You may be entitled to damages for medical expenses, lost wages, and pain and suffering. Most lawyers will offer a free initial consultation and work on a contingency fee basis, which means their fees are not paid unless you prevail or reach a settlement favorable to you. If you have lost a loved one due to food poisoning, call a qualified wrongful death attorney immediately.