Can I Sue a Restaurant for Giving Me Food Poisoning?

 Posted on July 26,2024 in Personal Injury Lawsuits

Nearly 50 million Americans contract food poisoning, or foodborne illnesses, each year. Almost 130,000 of those people are hospitalized, and more than 3,000 die, according to the Centers for Disease Control and Prevention (CDC). In the last week alone, the CDC has warned of a listeria outbreak associated with deli meats that left 12 people hospitalized and two dead.

If you have contracted a foodborne illness, the manufacturer of the food may be liable under product liability laws. If you became ill from food you ate at a restaurant, then the restaurant is considered the food manufacturer and may be liable for damages. This is due to a legal principle known as strict liability.

This article will discuss strict liability and how it applies to food poisoning at a restaurant. Speak with an Illinois product liability attorney if you or someone you know has been injured by a foodborne illness.

What Is Strict Liability?

In many personal injury cases, if you want to collect compensation for damages you need to prove that the defendant was negligent. Strict liability, however, means the defendant is liable for damages caused by a defective product regardless of negligence. This means that instead of trying to prove the defendant behaved negligently, you will have to show the following:

• The product was made, designed, or sold with an unreasonably harmful defect.

• The defect existed when the product left the defendant’s control.

• The defect caused your injury.

Illinois law assigns strict liability to anyone within the "stream of commerce," meaning any party involved in the delivery of goods to consumers. This includes manufacturers, distributors, and retailers, all of whom may be held liable for certain product defects.

Is a Restaurant Liable for Food Poisoning?

A restaurant, which is considered the manufacturer of the food it serves to patrons, can be held liable for foodborne illnesses. To prove that the establishment has strict liability, you need to show that the product — in this case, the food — was made with an unreasonably harmful defect. This could mean proving that the food was handled, cooked, or prepared in a dangerous or harmful manner.

The main issue with proving strict liability in a food poisoning case is that it is difficult to gather evidence. Food samples help, but your case can appear weak if you are the only patron to contract food poisoning from that restaurant. Showing that other patrons also became ill can help make a strong claim that the restaurant is liable for damages.

Contact a Lake County, IL Product Liability Attorney

Proving strict liability in a food poisoning case can be difficult, which is why it should be done with the help of an experienced Waukegan, IL food poisoning lawyer. At Salvi & Maher, LLP, our attention to detail and knowledge of product liability laws will maximize your chances of collecting compensation for your injuries. Call 847-662-3303 to schedule a free consultation with an English-, Spanish-, or Korean-speaking attorney today.