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How to File a Restaurant Food Poisoning Lawsuits


How to File a Restaurant Food Poisoning LawsuitsFood poisoning caused by food borne allergens are one of the leading causes of emergency room visits in the United States. Each year millions of Americans suffer from some type of food borne illness; of those tens of thousands suffered from serious medical complications and death. Victims of serious food poisoning have the right to seek financial recovery for their injuries. There are certain Step needed to win a food poisoning lawsuit against a restaurant: Determine the specific pathogen that resulted in the food poisoning is the first step in proving your case in the courts of law. Once the determination that the food at a restaurant was infected / contaminated an attorney will need to filed a lawsuit. Food poisoning claims cab be based on several different causes of action
  • Breach of Warranty: Most products including food serve as restaurants carry with them an implied warranty of safety.
  • Negligence theory: Breach of a general duty was resulted in a food poisoning outbreak.
  • Product Liability: Under a product liability claim defendant may also include suppliers of contaminated food product to the restaurant.
Common Food Pathogens Resulting in Food Poisoning: According to the Center for Disease Control there are 31 pathogens known to cause the vast majority of food poisoning health complications in the country. The most common are provide below
  • Norovirus
  • Salmonella
  • Campylobacter
  • Coli
  • Listeria
  • Staph
  • Trichinosis
Compensation for Injuries Suffered: Victims of food serious food poisoning have the right to seek compensation for all damages suffered including
  • Recovery for all medical costs and costs of rehabilitation
  • Cost of future medical expenses
  • Lost wages and loss of future income
  • Pain and suffering including mental anguish
  • Punitive damages – where a defendant displayed an intent or reckless disregard for the health and safety of others
Hiring an Attorney to Represent You: A significant number of cases involving food poising can be handles by a plaintiff in small claims court. However victims of serious food born illnesses should consult with a food poisoning attorney regarding their case. To speak with a legal representative regarding your case contact our law offices toll free (888) 649-7166.

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