I recently had lunch at a restaurant and got very sick for 2 days. I know it was from the lunch I ate because I wasn't sick that morning and hadn't eaten before that. If I had gone to the ER and tested positive for food poisoning, could I have sued the restaurant even though I suffered no permanent injury?
2007-01-08 15:34:35 · 14 answers · asked by oscpressgirl66 3 in Politics & Government ➔ Law & Ethics
That is a tricky situation.
If you had gone to the ER immediately upon the onset of your symptoms, the hospital would have possibly taken a culture and analyzed it for bacteria, and what kind and to what degree. Then the doctor would have to make the decision based on his findings whether you had a bad bout with an intestional flu, or actual food poisoning. That determination might have been your ace in the hole for if not for a potential law suit, but a good complaint to the Health Dept. in your city.
You should still call the restaurant to let them know when, and what you ate, and what happened to you. You may still want to file a complaint with the Health Dept.
I got very ill myself about 20 years ago from a fast food restaurant. It landed me in ER. The doctor could not determine for sure the cause, but wrote in my chart, that it was either a very severe case of an intestional flu, or food poisoning. I did call the Health Dept. when I got out of the hospital (I was in for almost a week), and at that time they took the matter quit seriously. I never did attempt to sue. I guess the thought didn't cross my mind.
A lot of people in California have been getting very ill from spinach, and who know what? I think the Health Dept. is taking these matters more seriously.
I hope you're feeling better, and I hope I was of help to you.
2007-01-08 15:50:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
With proof you could have sued.
Without proof you could not have sued.
People are filing lawsuits all over the place.
Sometimes even for events and things that leave no lasting harm. The point of the issue is can you prove that you were harmed, can you prove who harmed you and how, and can you prove that they shouldn't have let you come to harm.
Suing for food poisoning is pretty rare and I doubt if you would be rewarded very much in damages. I also don't think many lawyers would want to participate in a case with such small rewards, BUT if you fill those conditions and you have proof then you can sue; just as you can sue if someone spits at you.
This is why there are so many lawsuits in the US. There is no good way to weed out the frivolous lawsuits without offending the person filing the suit. Usually, this job falls to the lawyer and then to the judge. A judge can decide a case has no merit and dismiss it before it even reaches court.
However, lets say you were a food critic or you missed an important meeting and lost a higher paying job. You lively hood was affected by the food poisoning so you could build a believable case. This is why these frivolous cases can’t be dismissed out of hand; every case has to have a hearing to see if it is a valid one.
2007-01-08 15:47:58 · answer #2 · answered by Dan S 7 · 0⤊ 0⤋
Yeah only good luck proving that it was the restaurant's food and not something you ate the night before. If ten people or more don't tell the same story, then few juries will believe yours.
different germs have different incubation times, but most take at LEAST 8 hours before symptoms begin. Many take 15 hours or more, some even as much as three days.
Most people mistakenly blame an innocent meal when they get sick.
I know because I used to work in a taco place. One evening a customer called to complain that lunch at our store made him ill. I had eaten the exact same meal, at roughly the same time he was there, and never had a single symptom....
2007-01-08 15:48:07 · answer #3 · answered by chocolahoma 7 · 0⤊ 0⤋
I would suggest reporting them to your local health deparment. They will then start an investigation to determine whether or not there has been prior complaints about the same restaurant etc. From there you could look into building a case against the restaurant.
2007-01-08 15:40:56 · answer #4 · answered by sureyeahfinewhatever 2 · 0⤊ 1⤋
you can sue them, but its not that easy. First you have to prove you have food poisoning..then you have to prove you got it from them. Chances are, unless a whole bunch of people got sick from the same place and reported it, you will have a tough time.
2007-01-08 15:45:06 · answer #5 · answered by lady_daizee 3 · 0⤊ 0⤋
Anyone can sue for anything, that doesn't guarantee you will win. You should notify the health department and if you have medical expenses you should consider asking the restaurant to reimburse your expense. I don't think you would be awarded pain and suffering.
2007-01-08 15:42:44 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It is hard to prove where you got it. You may think you know but proving it is different. There has been a horrid stomach virus going around. My entire family passed it around for Christmas.
14 out 15 of my family got it in 9 days.
2007-01-08 15:41:35 · answer #7 · answered by Wolfpacker 6 · 0⤊ 0⤋
Yes I think that you can, but be sure and keep a copy of the records from the ER.
2007-01-08 15:39:22 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Good luck with that. Everyone who has sued has lost because of having no proof to take to court.
2015-09-03 01:23:02 · answer #9 · answered by Ann 7 · 0⤊ 0⤋
You have what sounds like a good case. See a lawyer.
2007-01-08 16:00:43 · answer #10 · answered by C B 6 · 0⤊ 0⤋