If you got food poisoning from a restaurant in California, you have strong legal protections. California law holds restaurants to high standards for food safety, and you may be able to recover compensation for your medical bills, lost wages, and suffering. Understanding California’s specific laws can help you decide whether to pursue a claim.
This article is for informational purposes only and does not constitute legal advice.
Quick Answer for California Residents
California allows food poisoning victims to sue restaurants under multiple legal theories, including negligence and strict product liability. You have 2 years from when you became ill to file a lawsuit (California Code of Civil Procedure § 335.1). California’s pure comparative negligence rule means you can recover damages even if you were partially at fault.
| Key Information | California Law |
|---|---|
| Statute of Limitations | 2 years (CCP § 335.1) |
| Comparative Negligence | Pure – recover even if 99% at fault |
| Strict Liability | May apply to restaurants |
| Damage Caps | None for food poisoning cases |
California Laws on Food Poisoning Claims
California offers multiple legal pathways for food poisoning victims, making it one of the more plaintiff-friendly states for these claims.
Statute of Limitations
In California, you have 2 years from the date you became ill to file a personal injury lawsuit for food poisoning. This deadline is set by California Code of Civil Procedure § 335.1.
Important exceptions:
- Discovery rule: If you didn’t immediately know your illness was caused by the restaurant’s food, the clock may start from when you discovered (or reasonably should have discovered) the connection
- Minors: Children have until their 20th birthday to file (2 years after turning 18)
- Incapacitated plaintiffs: The deadline may be extended if you were mentally or physically incapacitated
- Government facilities: If you got food poisoning at a government-run facility (like a public school cafeteria), you must file a government tort claim within 6 months under the California Tort Claims Act
Pure Comparative Negligence in California
California follows a pure comparative negligence rule. This means you can recover damages even if you were partially at fault for your illness.
Example: You ate at a restaurant and got food poisoning. A jury finds the restaurant 80% at fault for serving contaminated food, but you 20% at fault because you continued eating after noticing the chicken seemed undercooked. If your damages total $50,000, you would recover $40,000 (reduced by your 20% share of fault).
Unlike some states that bar recovery if you’re 50% or more at fault, California allows you to recover something even if you were 99% responsible—though your award would be reduced accordingly.
Strict Product Liability in California
California recognizes strict product liability for defective products, and courts have applied this doctrine to contaminated food. Under strict liability:
- You don’t need to prove the restaurant was negligent
- You only need to show the food was “defective” (contaminated) and caused your illness
- The restaurant can be liable even if it took reasonable precautions
This is significant because proving negligence (like showing exactly how the food became contaminated) can be difficult. Strict liability focuses on the result—was the food unsafe?
Note: Not all California courts consistently apply strict liability to restaurants. Some treat restaurants as service providers rather than product sellers. An experienced attorney can advise how local courts handle these claims.
What You Need to Prove in California
Under California law, you must establish:
1. The Food Was Contaminated or Unsafe
The food served to you was defective, meaning it contained harmful bacteria, toxins, or other contaminants. Medical testing identifying pathogens like Salmonella, E. coli, or Norovirus supports this element.
2. You Ate the Contaminated Food
You actually consumed the food from the defendant restaurant. Receipts, credit card statements, or witness testimony can establish this.
3. The Food Caused Your Illness
Your illness resulted from eating the contaminated food. Medical records, doctor testimony, and evidence ruling out other sources help prove causation.
4. You Suffered Damages
You experienced actual harm—medical expenses, lost income, pain and suffering, or other losses.
California-Specific Considerations
Health and Safety Code Violations
California Health and Safety Code §§ 113700-114437 (the California Retail Food Code) sets strict standards for food handling, storage, and preparation. Violations can serve as evidence of negligence. Common violations include:
- Improper food temperature storage (below 41°F or above 135°F)
- Cross-contamination between raw and ready-to-eat foods
- Poor employee hygiene practices
- Inadequate handwashing facilities
- Pest infestations
If a health inspection found violations around the time you got sick, this evidence can significantly strengthen your case.
Los Angeles County and Other Local Regulations
Some California counties have additional food safety regulations. Los Angeles County, for example, requires restaurants to display letter grades (A, B, C) based on health inspections. A low grade or recent violations can support your claim.
Reporting to California Health Authorities
Report your illness to your local county health department. In California, health departments actively investigate foodborne illness complaints and may:
- Inspect the restaurant
- Test food samples
- Interview other customers and staff
- Issue citations or closures if violations are found
Health department findings can provide crucial evidence for your lawsuit.
How Much Can You Recover in California?
California allows you to recover several types of damages:
Economic Damages
- Medical expenses (emergency room, hospitalization, medications, follow-up care)
- Lost wages from missed work
- Future medical costs if you have ongoing complications
- Out-of-pocket expenses related to your illness
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Inconvenience
California does not cap non-economic damages in food poisoning cases (caps apply only to medical malpractice under MICRA).
Punitive Damages
In cases of extreme misconduct—like a restaurant knowingly serving spoiled food or ignoring repeated health violations—California allows punitive damages to punish the defendant and deter similar conduct. These require proof of “malice, oppression, or fraud” under California Civil Code § 3294.
Steps to Take in California
1. Get Medical Treatment
See a doctor immediately and request stool testing to identify the pathogen. California health providers are required to report certain foodborne illnesses to public health authorities.
2. Report to the Health Department
File a complaint with your county health department. The health department’s investigation can produce evidence valuable to your case.
3. Document Everything
- Keep your receipt and any photos of the food
- Write down exactly what you ordered and when
- Note when symptoms started
- Save all medical bills and records
- Document missed work days
4. Don’t Delay – File Within 2 Years
California’s 2-year statute of limitations is strict. Don’t wait until the deadline approaches—evidence disappears and witnesses forget details.
5. Consult a California Personal Injury Attorney
Food poisoning cases require proving the source of your illness, which can be challenging. A California attorney experienced in these cases can:
- Evaluate your evidence and chances of success
- Work with health departments and medical experts
- Handle negotiations with the restaurant’s insurance company
- File suit if necessary before the deadline
Frequently Asked Questions
How long do I have to sue a restaurant for food poisoning in California?
You have 2 years from the date you became ill to file a lawsuit under California Code of Civil Procedure § 335.1. If you’re suing a government-run facility, you must file a tort claim within 6 months.
Can I still sue if I was partially at fault in California?
Yes. California’s pure comparative negligence rule allows you to recover damages even if you were partially responsible. Your award will be reduced by your percentage of fault, but you can still recover something.
Where do I file a food poisoning lawsuit in California?
You’ll typically file in California Superior Court in the county where the restaurant is located or where you suffered the injury. For smaller claims (under $12,500), you may use small claims court.
What if the restaurant is part of a national chain?
You may be able to sue the local franchise owner, the franchisor corporation, or both. California courts look at the level of control the parent company exercises over food safety practices. An attorney can identify the appropriate defendants.
Should I accept a settlement offer from the restaurant?
Be cautious about early settlement offers, especially before you know the full extent of your illness. Once you accept a settlement, you typically can’t pursue additional compensation. Have an attorney review any offer before accepting.
Finding a California Food Poisoning Attorney
Look for attorneys who:
- Specialize in personal injury or product liability
- Have experience with food poisoning cases specifically
- Offer free consultations
- Work on contingency (no fee unless you win)
Last updated: January 2025
This article provides information about food poisoning lawsuits specific to California. Individual circumstances vary. Consult with a California-licensed attorney for advice on your situation.
