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Can You File A Personal Injury Lawsuit Over Food Poisoning?

In Personal Injury by The Insiders

Almost everyone enjoys going out every now and again for a meal in a restaurant. However, your good times can come to an end very quickly if your restaurant meal causes food poisoning. Food poisoning can occur very suddenly and can result in a very dangerous situation. Depending on the severity of your food poisoning, it’s likely that you may have to spend time in a hospital.

If you’ve suffered a serious bout of food poisoning, then you might be thinking about filing a personal injury suit against the restaurant where the poisoning occurred. Learn if you can sue a restaurant over food poisoning and why you need help from an experienced Chattanooga personal injury attorney.

Proof of Liability

The biggest obstacle in filing a personal injury lawsuit against a restaurant for food poisoning is proving that they were responsible for your illness. Demonstrating that a restaurant served you tainted food and that this caused food poisoning can be extremely difficult, if not impossible. For example, your illness may have another cause like the stomach flu. It could also have been caused by something you ate earlier and not the restaurant’s food.

Proving fault can be difficult even if you have evidence. If for instance, you have leftovers from the tainted meal, you can have it tested for bacteria. However, the restaurant can claim that the food was contaminated after you took it home. Since there is no way to prove otherwise, this evidence will not hold up in court.

In successful food poisoning cases against restaurants, there will usually be multiple people affected. This is most common when a restaurant has served food that was subject to a product recall. If you are the only person in the restaurant who suffered from food poisoning, your chances of a successful personal injury lawsuit are slim.

Should You File?

Now that you know about the complications of a personal injury lawsuit for food poisoning, you might be wondering if filing a lawsuit is worth the effort. This can entirely depend on how severe your food poisoning. Most cases of food poisoning clear up in a day or less. These instances should not require a personal injury lawsuit.

However, if your food poisoning was caused by dangerous bacteria like salmonella or E. coli, it’s likely you had to receive medical treatment. If this is the case, you may have strong grounds for a personal injury lawsuit, especially if you’re confident you can prove that the restaurant was at fault. You should discuss your case with a Chattanooga personal injury attorney to see if you are eligible to file a lawsuit.

Work with a Chattanooga Personal Injury Attorney

As you can see, filing a lawsuit against a restaurant for food poisoning can be very complicated, particularly when it comes to proving fault. If you have questions about the possibility of filing a lawsuit, you need to work with a knowledgeable Chattanooga personal injury attorney from the McMahan Law Firm.

The attorneys at the McMahan Law Firm have a wealth of legal experience when it comes to personal injury lawsuits, and we can examine your food poisoning case to see if you’re eligible for a lawsuit. Tell us about your case today and find out how the McMahan Law Firm can help you.