Can I Sue a Restaurant for Food Poisoning?

Yes. Restaurants have a duty to take reasonable steps to ensure that the food they serve is safe for consumption. This duty applies to fast food, hotel food, local diners, fine dining establishments, and all other restaurants.

If you believe you suffered from food poisoning after dining at a restaurant, speak with an experienced personal injury lawyer. At Larson Law Injury & Accident Lawyers, we help clients pursue personal injury and wrongful death claims against restaurants that serve contaminated food and drinks.

What is food poisoning?

According to the Mayo Clinic, food poisoning occurs when germs, bacteria, or harmful substances cause a person to become ill due to the food they eat or the beverages they drink. Most people with food poisoning develop symptoms within hours or days of dining at a restaurant.

The best course of action if you or a loved one develops symptoms is to seek immediate medical care at an emergency care facility or with your local family doctor.

According to the Centers for Disease Control and Prevention (CDC), nearly 48 million suffer some type of foodborne illness every year. About 128,000 require hospitalization, and 3,000 people die from foodborne illness each year.

What are the symptoms of food poisoning?

Some of the symptoms of food poisoning, according to the Mayo Clinic, include the following:

• An upset stomach, including pain and cramps
• Vomiting
• Fever
• Loose and/or bloody stools or diarrhea
• Nervous system disorders, including blurry or double vision, headaches, paralysis (the inability to move an arm or a leg), weakness, skin tightness/numbness, and even organ damage and death

The Mayo Clinic recommends seeking medical care if:

• A child is very thirsty, doesn’t urinate much or at all, acts or thinks differently, has blood or pus in their stools, has any fever if under 2 years of age and a fever of 102°F or higher if older than 2 years of age, severe stomach or rectal pain, or a history of medical problems.
• An adult has any nervous system symptoms (weak muscles, tingling skin, or blurry vision), a fever of 103°F or higher, changes in acting or thinking, loose stools or diarrhea for more than three days, vomiting often, or the signs of dehydration.

What causes food poisoning at restaurants?

The Mayo Clinic states that food can become contaminated “at any point from the farm or fishery to the table.”

Restaurants may be liable for food poisoning if they:

• Fail to follow federal and North Dakota food safety laws and regulations.
• Fail to require their employees to comply with safe hygiene practices, such as washing their hands after using the bathroom facilities or handling anything that might be tainted.
• Fail to ensure that the food equipment, tables, and utensils are clean.
• Fail to properly store and refrigerate food and drinks. Warm food can spoil.
• Fail to properly cook and recook foods at proper temperatures.
• Fail to have food safety policies and procedures in place.
• Serve food beyond any spoilage or expiration dates.

Possible causes linked to foodborne illnesses

Common causes of food contamination, according to the FDA, include the following organisms:

• Bacillus cereus
• Campylobacter jejuni
• Clostridium botulinum
• Clostridium perfringens
• Cryptosporidium
• Cyclospora cayetanensis
• coli
• coli O157:H7
• Hepatitis A
• Listeria monocytogenes
• Noroviruses
• Salmonella
• Shigella
• Staphylococcus aureus
• Vibrio parahaemolyticus
• Vibrio vulnificus

Each of these is associated with specific foods and causes specific symptoms.

What are the treatments for food poisoning?

The treatments, according to the Mayo Clinic, include:

• Replacing a victim’s fluids. Some victims may require IV fluids.
• Doctors may prescribe antibiotics if you have a severe illness due to bacteria and a high risk of complications.
• These medications target parasites.
• Other treatments. These include probiotics and medications for an upset stomach, loose stools, or diarrhea.

How do you fight for restaurant victims who suffer from food poisoning?

Our lawyer works with your doctors and our network of medical professionals to verify what type of food poisoning you have, such as Salmonella food poisoning. We work with food safety professionals to show what caused your food poisoning and what steps the restaurant should have taken to keep you safe. We review the applicable federal and food safety laws and regulations to determine if the restaurant was in compliance.

Our firm communicates with the local health department to determine whether any complaints were filed or if the health department issued any warnings. The local health department may be able to show the cause of the outbreak and who is responsible.

We can also investigate whether other patrons or workers at the restaurant became ill, and whether there were any prior complaints. Our team can thoroughly question everyone who purchased, prepared, and stored your food.

At Larson Law Injury & Accident Lawyers, we also work to have professionals examine the food you ate, if possible, to show it was contaminated. It helps if you keep some of the food and store it in the freezer. Any food labels or receipts you have could also help.

We can also explain the statute of limitations for filing your claim. It’s best to contact us as soon as possible so we can examine the food, investigate why the food was tainted, and review your healthcare.

What damages can I receive if restaurant negligence causes food poisoning in North Dakota?

Food poisoning can take a lot of time to treat, especially if there are complications. Food poisoning can also be deadly.

Our personal injury lawyers demand compensation from restaurants for all your current and future damages. These damages may include:

• Medical expenses
• Your physical pain and emotional suffering
• Lost income if you can’t work and/or if you need time off for treatments from healthcare providers
• Loss of consortium (the loss of the comfort and intimacy of your spouse)
• Wrongful death damages

At Larson Law Injury & Accident Lawyers, we file personal injury and wrongful death claims when restaurants and food service providers fail to prioritize your safety. It’s natural to worry about your health and how you’ll pay your bills. We’re here to work aggressively to show who is responsible for your food poisoning, why the food poisoning was preventable, and what damages you should receive.

Please call us or complete our contact form to schedule a free consultation. We have offices in Minot, Fargo, and Bismarck. We handle food poisoning cases on a contingency fee basis. This means our success depends on your success.