Did you know restaurants experience the most food poisoning outbreaks? This common occurrence is due to a number of factors. Sometimes the food has expired and the restaurant is so busy they don’t have time to check the expiry date. And if it’s warm weather, food will rot faster while it’s sitting idle on counters, instead of staying fresh in refrigerators.
If you or family members suspect you have eaten at a restaurant where you experienced food poisoning, do you have the right to sue the restaurant? First, you need to understand your legal rights as there are steps you need to take in order to prove that the restaurant is legally at fault for causing you to fall ill.
Let’s take a closer look at the causes of restaurant food poisoning, how to prove a restaurant caused food poisoning, and how to collect evidence to file a lawsuit against a restaurant.
Causes of Restaurant Food Poisoning
Food poisoning is also called foodborne disease and pathogens are the primary cause. Pathogens are made up of bacteria and viruses that cause disease upon entering your body. When pathogens get into the food, the result is food poisoning. Here are the five most common causes of food poisoning in restaurants:
- Expired or rotten ingredients from the supplier. The ingredients used to create the meals are past their expiry date or are spoiled.
- Cross-contamination. When raw and cooked food are exposed to each other this is the cause of cross-contamination.
- Poorly regulated food temperature. Food wasn’t heated or cooked to its proper temperature and was partially cooked.
- Poor employee hygiene. Employees didn’t follow food-handling procedures such as failing to wash their hands frequently or after using the washroom.
- Sick food handlers. The servers or cooking staff were sick at the time of preparing the food you ate.
How to prove a restaurant caused your food poisoning?
In order to win a lawsuit against a restaurant you think caused you to experience food poisoning, you need to be able to prove negligence on their part. This is a very difficult process, but it’s not impossible. Here are the guidelines to help you prove a restaurant caused your food poisoning.
- You ate a meal at the establishment
- You have measurable damages
- The restaurant served you tainted food
- The food was contaminated due to the restaurant’s carelessness
- The tainted food was the direct and proximate cause of your illness
Collect Evidence of Food Poisoning
Collecting evidence is crucial in order to pursue a successful lawsuit for restaurant food poisoning. The more evidence you have, the better chance you have of a higher potential payout. Here are the important documents and evidence you need to present to your lawyer to pursue a successful lawsuit:
- Test to find out which pathogen gave you food poisoning. Going to your doctor right away while you are feeling sick and getting tested to see which pathogen such as salmonella or E. coli gave you food poisoning will provide important evidence.
- Witness testimony. If you and other members of your family got sick at the same time, they can act as witnesses and testify what symptoms you all experienced after eating at the restaurant.
- Check for food recalls. When it comes to getting food poisoning from a particular restaurant, you might not be alone. If others became sick from the same establishment, your chance to get a higher potential payout increases.
- You can check if the restaurant has had any food recalls or complaints from other patrons by searching the recent recalls and safety alerts at Health Canada.
- Lost wages verification. If you missed work or school due to being sick with food poisoning, you should get verification from your employer of any missed days and the total amount of lost wages.
- Medical records, bills, and expense receipts. You need to be able to prove that you were actually at the restaurant and ate their food. Keep evidence of online reservations and a restaurant receipt of the date with a list of the food items that were consumed. Keep all medical records, doctor’s notes, bills for medication, and any expense receipts you incurred during the time you were sick with food poisoning and had to seek help from a doctor.
Can you sue over food poisoning?
You and your lawyer will go over the evidence you have gathered to see if you have enough proof to start a claim against the restaurant. If you can prove that the food you consumed at the restaurant caused food poisoning, you can file a personal injury claim.
In many cases of restaurant food poisoning caused by deadly bacteria, customers have to seek medical attention from their doctor. In some extreme cases, people require hospitalization, which results in higher financial losses compared to cases where people were required to stay at home to recover. Class action lawsuits that include damages to many people also have a higher potential payout.
Seek Legal Counsel With a Restaurant Food Poisoning Lawyer Today
Food poisoning caused by a restaurant is a common problem that is faced by many people every year. When it comes to cases of mild food poisoning symptoms where a person recovers within a day, unfortunately, there is not enough evidence to start an injury claim. However, in cases where tainted food results in serious symptoms and results in financial losses or even the death of a loved one, one should seek legal advice from a restaurant food poisoning lawyer to recuperate financial losses.