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I Got Food Poisoning from A Restaurant! Can I Sue? 

Food poisoning can strike anyone, at any time. In the last few years, we’ve seen everything from lettuce and salad greens to seafood be blamed for severe bouts of stomach upset in people around the Tampa Bay region and beyond, and even the most meticulous home cook can still fall prey to bacteria. When your illness is the direct result of a restaurant’s negligence or improper handling of food though, you’re probably wondering if a lawsuit is an appropriate response. Well… that depends.

As a general rule of thumb, yes, a lawsuit is possible for a victim of food poisoning. However, unlike slip and fall injuries or vehicle accidents, proving that the restaurant directly failed to meet their obligation(s) regarding food safety and was at fault for your illness can be difficult. Examples of negligence and/or inaction can include:

  • knowing a refrigerator was malfunctioning but failing to have it repaired
  • failing to enforce proper hygiene practices among employees (like hand-washing or use of sanitizer)
  • leaving food at improper temperatures for long periods of time
  • failing to check the temperatures of cooked food prior to serving (i.e. serving meat that wasn’t cooked thoroughly)
  • knowing the kitchen and dining areas have a pest and/or cleanliness issue but failing to rectify the situation

An experienced personal injury attorney will know how to pull a history of other complaints against the restaurant in question, gather evidence from the restaurant itself, examine federal laws and Florida health codes, discuss your own medical records, and put together a case to help you get the compensation you deserve. Food poisoning might not seem like a huge deal, but it can lead to:

  • lost wages
  • medical expenses
  • pain and suffering
  • emotional distress
  • missed opportunities (work trips or meetings, vacations, family obligations, etc.)

If you feel that your food poisoning incident could have been prevented, and are concerned that the restaurant in question is failing to practice food safety in their establishment, Look to Brooks! We take safety seriously, and believe in protecting other diners from suffering by making sure your case is seen. What’s more, we fight for the compensation you deserve, so you can recover from the expenses and stress that come along with a food poisoning incident. Contact us for your FREE consultation!

 

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