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Can a Restaurant Be Held Liable For My Food Poisoning?

05/19/2021
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Let’s say a person has a fish taco at a local franchise of a large, nationwide restaurant chain. A few hours later, the individual reports severe nausea and cramping and goes to the hospital. The individual hadn’t eaten anything else that day, and the medical staff at the hospital believed that the taco might have caused their illness. Naturally, that sick individual wants to know if they have a viable personal injury case against the restaurant and restaurant chain.

If you or a loved one has suffered from what you believe to be food poisoning after dining at a restaurant, let an experienced Florida injury attorney at Searcy Denney help. We’ll analyze your case at your free consultation and provide you with options.

Legal Liability in Food Poisoning Cases

When someone files a personal injury claim for food poisoning, they are usually suing for product liability. Generally speaking, “poisoned” food is a defective product that causes you injury. Generally, there are three legal arguments you can make in a product liability case:

  1. Strict Product Liability. Under strict product liability, there is no need to prove that the manufacturer, supplier, or distributor was negligent in making or distributing the product responsible for your illness. Instead, you must simply prove that the food you ate was contaminated and that it led to your illness.
  2. Negligence. Under a negligence theory, you will argue that the manufacturer, supplier, or distributor was negligent in handling the food. In order to prove negligence, you must be able to show that the defendant’s negligence, or carelessness, led to the food contamination and your resulting illness. For example, if you can prove that the restaurant failed to refrigerate the fish, and the fish caused your illness, you may have a negligence lawsuit.
  3. Breach of Warranty. In most states, including Florida, food suppliers and distributors must meet minimum standards for making, storing, and preparing their products. This is known as an “implied warranty.” Selling or serving contaminated food to the general public may be considered a breach of this implied warranty.

Is it Worth Filing A Lawsuit?

This is an important question. Litigation is expensive, public, and often time-consuming. It should only be considered as a last resort. Retaining an experienced Florida injury attorney, like those at Searcy Denney, can be an important step in seeking a favorable settlement, which may be your best bet.

Let a Florida Injury Attorney Help if You Have Suffered From Food Poisoning in Florida

Food poisoning can be relatively mild, or it can be very serious, resulting in long-term injuries. If you’ve suffered from food poisoning in Florida, contact a Florida injury attorney at Searcy Denney for help. We offer a free consultation and work on a contingency fee basis.

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