Restaurant Food Poisoning: When It Requires a Personal Injury Claim

Understanding Liability and Compensation for Food Poisoning Cases

Food poisoning is not a rare occurrence. In the United States, approximately 48 million people are sickened by a foodborne illness, and around 3,000 people die. Common types of illnesses that strike people include e. Coli, botulism, norovirus, listeria, salmonella, and shigella. If a restaurant is found to be the location where someone contracted food poisoning, the company may be liable for compensation to those who fell ill, according to injury attorneys Las Vegas NV.


Reasonable Care

Businesses are required to exercise reasonable care to keep customers safe. For restaurants, this means they must produce safe products and eliminate unreasonable dangers. For example, the best Las Vegas personal injury attorney says that if a restaurant stores food improperly or does not keep the kitchen clean, they have breached their duty to exercise reasonable care.


Requirements for Food Poisoning Claim

To file a claim against the restaurant, you must prove that the business caused you to become ill from food poisoning. In addition, you must prove it was the food you ate at the restaurant and not another type of food you ate that made you sick. The restaurant may argue that you ate only one meal there so it could have been another meal that caused the illness. If you believe you have contracted food poisoning, it is critical that you visit a doctor right away and attempt to identify the food that made you sick. Finally, you must also prove that you suffered harm as a result of the food poisoning. Although being sick may be enough to convince you were harmed, how sick you were can also be a factor.


Product Liability and Breach of Warranty

Injury attorneys Las Vegas NV say that you must also prove that the food served to you by the restaurant was defective and unreasonably dangerous if you cannot prove that the restaurant was negligent. If a restaurant received food from a supplier that was clearly defective and they still served it to you, they can be held liable. In addition to product liability laws, states also have a breach of warranty laws. There is an implied warranty that the product you purchase will meet minimum quality specifications. If contaminated food causes an illness due to food poisoning, it did not conform to minimum expectations.


Damages You May Recover

The best Las Vegas personal injury attorney says you may recover several types of damages with a food poisoning claim. You may be eligible to receive reimbursement for your medical bills, lost income, and out-of-pocket expenses. You may also be able to accept pain and suffering as well as emotional distress.

If you are dealing with high medical bills after becoming ill with food poisoning, contact The Schnitzer Law Firm today to learn what rights you may have. You can call 702-960-4050, email or complete the simple online form to get the compensation you deserve.