Summary
- Food poisoning is a common illness resulting from contaminated food
- Suppliers, grocery stores and restaurants may be liable for illnesses
- Negligence and strict liability apply to food businesses in most states
Food poisoning is a common occurrence in the U.S. According to the Centers for Disease Control, Americans suffer about 48 million cases of foodborne illnesses annually. Most people experience vomiting, diarrhea and fever but recover fully.
However, the most severe illnesses cause 128,000 hospitalizations and 3,000 deaths each year. A sickened customer might incur hundreds of thousands of dollars in medical bills and lost income as a result. This leaves many to wonder: can you sue for food poisoning? In many cases, the answer is yes.
Restaurants, grocery stores, food producers and others in the supply chain are liable for foodborne illnesses in most states. ConsumerShield will review your situation and help you find a lawyer to represent you against the business responsible for your food poisoning. Contact us for a free case review and a lawyer referral.
Grounds for Food Poisoning Liability
Most states treat food as a product subject to the same product liability law as cars or pesticides. The law relies on the following two theories to impose liability for defective products:
Strict Liability
A strict liability tort allows the injured plaintiff to pursue compensation for an injury without proving intent or carelessness. Stated differently, strict liability means the at-fault party is liable for injuries resulting from elements under their control regardless of whether they intended to cause injury or failed to exercise reasonable care.
Depending on your state, strict liability torts apply to injuries caused by defective products, vicious dogs and wild animals kept as pets. To prove liability in a product liability lawsuit, your lawyer must demonstrate that the product contained a defect when it left the other party’s hands and that this defect caused your injury.
There are three main types of defects: design, manufacturing and warning defects. A design defect is inherent in the product. An example could be a dish served by a restaurant that includes uncooked ingredients or unpasteurized dairy products. Anyone who eats it risks becoming ill, even when the restaurant takes every precaution.
A manufacturing defect means that the product can be rendered safe, but the producer introduces a food-borne pathogen during processing or cooking. For instance, a salad cross-contaminated when prepared near raw meat might contain a manufacturing defect.
A warning defect means the consumer can safely use the product, but the manufacturer failed to include instructions explaining its safe use or warning against foreseeable misuse. You’ve likely seen labels on raw meat advising you to cook it to a certain temperature. These are designed to reduce the manufacturer’s lawsuit risk.
Negligence
Negligence means that a party owed you a duty of care but failed to exercise it. For example, a restaurant owes you a legal duty to provide safe food. If it fails to take reasonable care and caution to make your food safe, it bears the liability for any injuries or illnesses you suffer.
The following negligence examples apply to food suppliers, including restaurants:
- Undercooking food without warning customers of the risks
- Selling or serving recalled or expired food
- Failing to handle food safely, such as by storing raw meat near fresh fruits or vegetables
Negligence is more difficult to prove than strict liability. Negligence requires proof that the food supplier unreasonably failed to find and fix the risks posed to customers. Strict liability applies even if the supplier had reasonable inspection procedures in place to find defects.
Parties Potentially Liable for Food Poisoning
After you get food poisoning, you might wonder what parties may be liable for your losses. In most states, product liability applies to every entity in the supply chain. This allows the customer to easily find and sue whoever is responsible for their injury.
The same principle usually applies to food products. If the pathogen was introduced at the farm, everyone from the farmer to the distributor, processor and retailer may be liable. Often, though, customers don’t know where the pathogen was introduced. It may have been contaminated during processing or in the restaurant kitchen.
So can you sue a restaurant for food poisoning? The answer in most states is yes. In fact, if you get sick after eating restaurant food, suing the restaurant tends to be the best option since you don’t know who supplied its ingredients.
The restaurant will likely bring its suppliers into the lawsuit. Alternatively, it might file a separate claim if it believes the ingredients were contaminated before reaching the restaurant.
Damages Recoverable for Food Poisoning
Food poisoning happens when bacteria, viruses or parasites in food infect your body and multiply once they’re inside. They may also release toxins to weaken your cells’ ability to attack them.
Your body tries to eject the contaminated food, triggering symptoms such as vomiting and diarrhea. Your immune system also increases your body temperature to destroy the pathogens, resulting in a fever.
In most cases, you will feel violently ill but recover within a few days. In rare situations, you may require hospitalization for dehydration. Worse yet, some pathogens, like botulism, can affect the nervous system.
In most states, you can seek compensation for your economic and non-economic losses. Economic losses include your medical bills, lost income and other costs. Non-economic losses encompass your pain and suffering.
Contact ConsumerShield to Learn About Your Legal Rights After Food Poisoning
Food poisoning can produce severe illness. Can you sue for food poisoning? In most states, you can. However, you may need a lawyer who knows the state’s product liability laws. ConsumerShield helps injured people connect with attorneys. Contact us for a free case evaluation and a lawyer referral.
