Here’s When You Can Sue a Restaurant for Food Poisoning

You have returned home from a delightful meal at a local restaurant with your family. Suddenly, you find yourself doubled over in pain. All your symptoms point to food poisoning. Your family members that enjoyed the same meal are also ill with similar discomforts. 

Food-borne illnesses affect approximately four million Canadians every year. Approximately 238 people die and 11,600 people are hospitalized every year due to these ailments. Generally, it’s difficult to get compensation for food poisoning if you recover after one or two days of illness. However, there are instances where you can file a personal injury lawsuit.

Symptoms of Food-Borne Illnesses

You should know what is food poisoning to understand why you should get reparations. The disease is caused when bacteria or viruses enter the food during the manufacturing, preparation, or sales stages.

The restaurant’s responsibility is to ensure that food is prepared safely according to Public Health guidelines. Employees contaminate the food by not washing their hands before handling it, washing and storing it incorrectly, or not heating or cooking it to recommended temperatures.

Symptoms include:

  • Nausea
  • Vomiting
  • Diarrhea
  • Stomach cramps
  • Fever

Adverse Effects of Getting Food-Borne Illnesses

  1. Loss of income

If you miss days of work because you are sick, you could lose your salary for that period. If your health issues make you incapable of doing your job, you can prove that your livelihood is destroyed.

  1. Medical bills

If you end up in the hospital or incur medical costs due to contamination, you carry a new financial burden.

  1. Pain and suffering 

In some cases, you could get compensation related to pain and suffering.

  1. Punitive damages

The restaurant could be “punished’’ for intentionally causing harm.

How Can a Food Poisoning Lawyer Help You?


Get a personal injury lawyer to help you to gather the evidence necessary to seek reparations. A lawyer could also pinpoint the stage at which the food was contaminated. They will ensure that the liable entity is identified. Strengthen your case by doing the following:

  1. Leftover food and stool sample

If you have leftover food from what you ate at the restaurant, link it to your stool sample pathogens.

  1. Multiple cases of food-borne illness

If many people got ill, consider a class lawsuit. Maple Leaf paid out $27 million to victims of a listeriosis outbreak in Canada where 20 people died. 

  1. Severity of sickness

Prove that the illness has caused further complications or long-term health issues.

Hire a personal injury lawyer to win your lawsuit against a restaurant. They’ll consider all the evidence to get you the compensation you deserve.

Final Thoughts

Food poisoning is never fun. In cases like this it’s best to rather be safe than sorry. However, if you have contracted the bacteria and you want the restaurant held accountable, contact a lawyer. 


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