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virus under microscope
15 December 2017

Can You Sue A Restaurant For Food Poisoning?

virus under microscope

When you go out to eat in New York City, you don’t expect to contract an illness because of food poisoning. This city is home to some of the best restaurants in the world, from cheap hole-in-the-wall places to globally recognized 3 Michelin star restaurants. Anyone who’s suffered from food poisoning knows how painful the experience can be. In some cases, foodborne illnesses can even lead to life-threatening health complications. If you or someone you loved recently contracted a serious illness after eating at a restaurant, you may be wondering about your legal options. Depending on the specific circumstances of your case, you may have grounds for a personal injury lawsuit against the restaurant.

When Can A Restaurant Be Sued For Food Poisoning?

In order to file a personal injury claim against a restaurant for food poisoning, you’ll need to back up your claim with medical evidence. We recommend speaking with a personal injury lawyer who has experience in food poisoning cases, as the right lawyer will have contacts with medical experts who can investigate your case. A lawyer working with medical experts can help prove that the restaurant caused your illness in the following ways:

  • Determine the specific pathogen that caused your illness
  • Test the bacteria for DNA fingerprints which could determine the source
  • Investigate to see if other restaurant patrons suffered food poisoning
  • Examine any leftovers you may have brought home for pathogens
  • Visit the restaurant and determine if there are health code violations

What Types Of Damages Could I Recover?

A food poisoning lawsuit offers compensation for the same damages as other personal injury lawsuits, including:

  • Medical expenses
  • Lost wages or loss of earning potential
  • Wrongful death in cases of fatal food poisoning
  • Pain and suffering
  • Emotional distress.

If an investigation uncovers serious regulatory violations by the restaurant, you will likely have a strong case to claim gross negligence. Cases involving gross negligence often qualify for punitive damages, which are intended to punish the restaurant for an endangering their guests. In many cases, the amount of compensation awarded for punitive damages exceeds the total amount of compensatory damages for losses listed above.

New York City Raw Cookie Dough Shop Sued For Alleged Food Poisoning

Raw cookie dough became a trending food craze in 2017. The pioneers of this trend, a shop called DO in Manhattan, have claimed that their cookie dough is completely safe to eat. But in September, two college students sued the establishment, claiming that they became seriously ill after visiting the shop in March. One victim claimed to experience stomach pains and diarrhea, while the other suffered heartburn and a stomach ache for two days after ingesting the raw dough. Their lawyer has cited Yelp reviews that complain about the same issues as evidence that the dough is unsafe to eat.

Learn About Your Legal Options After Food Poisoning

If you’ve recently been food poisoned and are looking for accountability and financial support, our New York City personal injury lawyers can help. You can learn more about your legal options and begin planning for your case in a free consultation. Get in touch with us today to find out more about what you can do after suffering food poisoning at a New York City restaurant.