After a night of food poisoning—vomiting, cramping, and worse—you want answers and maybe compensation. But food poisoning lawsuits are notoriously difficult. You need to prove which food made you sick and that a specific restaurant was responsible. Here’s what you need to know before pursuing a claim.
Quick Answer
Yes, you can sue a restaurant for food poisoning, but these cases are challenging. You must prove the restaurant’s food caused your illness—which requires medical evidence linking your sickness to a specific pathogen and evidence that contaminated food came from that restaurant. Cases are strongest when multiple people got sick from the same establishment or a health department investigation confirms the source.
What Makes Food Poisoning Cases Difficult?
Unlike a car accident where cause and effect are obvious, food poisoning cases face unique challenges:
Proving the Source
- You likely ate multiple foods from multiple sources before getting sick
- Symptoms can appear hours or days after eating contaminated food
- By the time you’re sick, the contaminated food is often gone
- The restaurant may have served hundreds of meals without other complaints
Medical Evidence Requirements
- Doctor must diagnose food poisoning (not just stomach upset)
- Lab tests should identify the specific pathogen (Salmonella, E. coli, Norovirus, etc.)
- The pathogen must be traceable to food rather than other exposure
Types of Legal Claims
Food poisoning lawsuits typically involve one or more of these theories:
Strict Product Liability
In many states, food is considered a “product” and restaurants are in the chain of distribution. Under strict liability:
- You don’t need to prove the restaurant was careless
- You just prove the food was contaminated and made you sick
- The restaurant is liable even if they took reasonable precautions
Negligence
If strict liability doesn’t apply, you can claim the restaurant failed to use reasonable care in:
- Food handling and preparation
- Storage and temperature control
- Employee hygiene
- Cleaning and sanitation
- Inspecting ingredients
Breach of Warranty
Restaurants implicitly warrant their food is fit to eat. Contaminated food breaches this warranty.
Who Can Be Held Liable?
| Potentially Liable Party | How They May Be Responsible |
|---|---|
| Restaurant | Contamination during preparation, improper storage, sick employees |
| Food supplier | Delivered already-contaminated ingredients |
| Food manufacturer | Packaged product was contaminated during production |
| Caterer | Contamination during catered event |
| Grocery store | Sold contaminated food or allowed improper storage |
| Food truck/vendor | Same liability as restaurants |
Evidence That Strengthens Your Case
Strongest Evidence
- Health department investigation: Official finding linking outbreak to the restaurant
- Multiple victims: Others who ate at the same restaurant also got sick
- Matching pathogens: Lab tests show same strain in your sample and the food
- Preserved food: Leftover food that tests positive for contamination
- Health code violations: Recent inspection found sanitation problems
- Employee illness: Restaurant worker was sick and transmitted illness
Helpful Evidence
- Receipt: Proves you ate there and when
- Credit card records: Documents your visit
- Medical records: Diagnosis and lab tests
- Witness statements: Others who ate with you
- Photos of food: If you took pictures before eating
- Timeline: When you ate, when symptoms appeared
Steps to Take If You Suspect Food Poisoning
- Seek medical attention: Get diagnosed and request lab tests to identify the pathogen
- Report to health department: They investigate outbreaks and your report may connect to others
- Preserve any leftover food: Refrigerate it immediately—don’t throw it away
- Keep all receipts: Prove where and when you ate
- Document your illness: Photograph symptoms, keep a symptom diary
- Write down what you ate: Everything from the past few days, not just the suspected meal
- Identify dining companions: Are they also sick?
- Don’t contact the restaurant yet: They may destroy evidence; let an attorney advise you
- Save medical bills: Document all expenses
Common Causes of Restaurant Food Poisoning
Pathogens
| Pathogen | Common Sources | Incubation Period |
|---|---|---|
| Salmonella | Poultry, eggs, meat, produce | 6-72 hours |
| E. coli | Undercooked beef, raw produce, unpasteurized products | 1-10 days |
| Norovirus | Any food handled by infected worker | 12-48 hours |
| Listeria | Deli meats, soft cheeses, raw sprouts | 1-4 weeks |
| Campylobacter | Poultry, unpasteurized milk | 2-5 days |
| Hepatitis A | Shellfish, contaminated water, infected handlers | 15-50 days |
Restaurant Failures
- Improper cooking temperatures
- Cross-contamination (raw meat touching ready-to-eat foods)
- Poor refrigeration
- Sick employees handling food
- Inadequate handwashing
- Using expired ingredients
- Contaminated equipment or surfaces
What Damages Can You Recover?
Economic Damages
- Medical expenses (ER visits, hospitalization, medications)
- Lost wages while sick
- Future medical care for lasting effects
- Out-of-pocket expenses
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life during illness
Serious Cases May Warrant Larger Claims
Most food poisoning resolves within days. But some cases cause:
- Hospitalization
- Kidney failure (from certain E. coli strains)
- Guillain-Barré syndrome
- Reactive arthritis
- Chronic digestive problems
- Death (in severe cases, especially for vulnerable populations)
Is Your Case Worth Pursuing?
Consider these factors:
Cases That May Be Worth Pursuing
- Severe illness requiring hospitalization
- Significant lost wages
- Long-term health effects
- Strong evidence linking illness to the restaurant
- Part of a documented outbreak
- Health department confirmed the source
Cases That May Not Be Cost-Effective
- Mild illness lasting only a day or two
- No medical diagnosis or lab tests
- No evidence connecting your illness to a specific restaurant
- No witnesses or documentation
- Minimal economic losses
Reality check: If you were sick for 24 hours without hospitalization, legal fees may exceed any potential recovery. Attorneys typically take cases with significant damages and strong evidence.
Statute of Limitations
Time limits for filing vary by state—typically 1-3 years from when you got sick. But don’t wait:
- Evidence degrades quickly (food gets thrown out, memories fade)
- Health department investigations happen early
- Connecting other victims is easier while the outbreak is fresh
Frequently Asked Questions
Do I need to prove exactly which food made me sick?
Ideally, yes. While you may not need absolute certainty, you need enough evidence to show the restaurant’s food was the most likely source. This is easier with lab tests identifying the pathogen and evidence eliminating other possible sources.
What if I’m the only person who got sick?
It’s harder but not impossible. Single-victim cases require very strong evidence, like leftover food testing positive or a clear timeline with no other possible exposure.
Should I report to the health department before suing?
Yes, definitely. Health department investigations can provide crucial evidence. If they find others got sick from the same restaurant or discover health code violations, it significantly strengthens your case.
What if I didn’t see a doctor?
This makes your case much weaker. Without medical documentation, you have no proof of diagnosis, no lab tests identifying the pathogen, and only your word about how sick you were.
Can I sue if I got sick from a food truck or catering event?
Yes. The same liability principles apply to any food service operation.
What if the restaurant claims I could have gotten sick anywhere?
This is the most common defense. You’ll need evidence specifically tying your illness to their food—ideally matching pathogens, health department findings, or multiple victims from the same location.
When to Contact a Lawyer
Consider consulting a food poisoning attorney if:
- You were hospitalized for food poisoning
- You have lasting health effects
- Multiple people got sick from the same restaurant
- A health department investigation confirmed the source
- You preserved leftover food that can be tested
- Lab tests identified a specific pathogen
- You have significant medical bills or lost wages
Many personal injury attorneys offer free consultations and can quickly assess whether your case is viable. Given the difficulty of these cases, professional guidance is essential for serious claims.
