Can You Sue for Food Poisoning in California?

by Mona Deldar on Nov. 15, 2019

Accident & Injury Accident & Injury  Personal Injury 

Summary: Food poisoning is unpleasant, to say the least. Anyone who has ever experienced it never forgets the severe and long-lasting symptoms it causes. It is even more frustrating to know that someone else prepared and served you contaminated food.

Can You Sue for Food Poisoning in California?

Food poisoning is unpleasant, to say the least. Anyone who has ever experienced it never forgets the severe and long-lasting symptoms it causes. It is even more frustrating to know that someone else prepared and served you contaminated food.

Contacting the manager of the establishment that sold you the product often only proves to be another dead end. Hitting so many brick walls makes you wonder if you can file a lawsuit against the restaurant or store.

Food poisoning cases often lack evidence, which makes them challenging to pursue. However, it is not impossible. If you have been injured due to a foodborne illness, speaking with a California personal injury lawyer is the best way to determine if you have a case.

Food Poisoning is Difficult to Prove Due to Lack of Evidence

One of the most difficult aspects of a food poisoning lawsuit is that they are difficult to prove in court. The reason being is that these claims tend to lack direct evidence.

For example, let us say you purchased a hot dog at a gas station as a cheap, on-the-go dinner. When you wake up the next morning, you are sick with vomiting, diarrhea, and fever. The timing and manner in which your illness sets in makes you suspect the gas station hot dog was the culprit.

While you are likely correct, there is generally no strong connection with which you can prove that it was. Anything that came into contact with your mouth that day could have caused the illness. That is why so many food poisoning cases never even go beyond a complaint to a manager where one purchased the food.

Multiple Reports of Food Poisoning are Easier to Prove

Food poisoning cases are easier to prove when multiple people report becoming ill after eating the same thing around the same time. When many people get sick, it establishes a stronger pattern of contamination since it is unique to receive reports by an unrelated population that ate from the same food service provider.

Government officials intervene when significant food poisoning and sickness outbreaks occur. Often, they trace the contamination source back to the processor or manufacturer. This proof gives you footing that the prepared meal you ate used the same ingredients and batches from the original provider.

The Value of Food Poisoning Case Usually Not Worth the Expense

Seeking compensation in a food poisoning case is often more expensive than the amount of money you can recover. The only exception to this rule is if your symptoms were so severe that you were hospitalized. Award amounts may be higher for immunocompromised patients. Lost wages may also be factored into the equation.

However, cases without high medical costs or time away from work may not be worth your time or effort. The only way to be sure is by speaking with an attorney licensed to practice in California.

Discuss Your Food Poisoning Injury with a California Personal Injury Lawyer

While food poisoning lawsuits are not usually worth the time or effort, there are always exceptions to every rule. If you were significantly injured due to food poisoning illness, you might want to discuss your case with an attorney. He or she can provide insight into the likelihood of a successful outcome.

At Deldar Legal, we invite you to discuss your food poisoning case with one of our California personal injury lawyers. You can schedule your free consultation by calling (844) 335-3271 or by messaging us your request.


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