Getting food poisoning from a restaurant can leave you with painful symptoms, medical bills, and missed work. If you believe a restaurant’s negligence made you sick, you may have grounds to pursue a legal claim. However, the strength of your case depends on several factors—including your ability to prove the restaurant was the source of your illness.
This article is for informational purposes only and does not constitute legal advice. Laws vary significantly by state.
Quick Answer
You can potentially sue a restaurant for food poisoning if you can prove the restaurant served contaminated food and that food caused your illness. These cases are challenging because you must establish a clear link between what you ate and your sickness. An experienced attorney can evaluate whether you have sufficient evidence to pursue a claim.
Understanding Food Poisoning Lawsuits
Food poisoning lawsuits against restaurants typically fall under three legal theories:
1. Negligence
The most common approach. You must prove the restaurant failed to exercise reasonable care in preparing, storing, or serving food. Examples include:
- Improper food storage temperatures
- Cross-contamination between raw and cooked foods
- Employees not following hygiene protocols
- Serving food past its expiration date
2. Strict Product Liability
In some states, restaurants can be held strictly liable for serving contaminated food, meaning you don’t need to prove negligence—only that the food was defective and caused your illness. However, not all states apply strict liability to restaurants.
3. Breach of Warranty
When you purchase food, there’s an implied warranty that it’s safe to eat. Serving contaminated food can breach this warranty.
What You Need to Prove
To succeed in a food poisoning lawsuit, you typically need to establish four elements:
1. The Food Was Contaminated
You must show the food contained harmful bacteria, viruses, parasites, or toxins. Common culprits include:
- Salmonella
- E. coli
- Norovirus
- Listeria
- Campylobacter
Medical testing can identify the specific pathogen that caused your illness.
2. The Restaurant Was the Source
This is often the hardest element to prove. You need to demonstrate that the restaurant’s food—not something else you ate—caused your illness. Evidence that helps:
- Others who ate the same food also got sick
- Health department investigation findings
- Short time between eating and symptom onset
- You only ate at that restaurant during the incubation period
3. You Suffered Actual Harm
Document your damages:
- Medical bills and treatment costs
- Lost wages from missed work
- Pain and suffering
- Long-term health complications (in severe cases)
4. The Contamination Caused Your Harm
Medical records linking your diagnosed illness to the type of contamination found in the food strengthen this connection.
How Laws Vary by State
Food poisoning lawsuits are governed by state law, and important rules vary significantly:
Statute of Limitations
The deadline to file a lawsuit ranges from 1 to 6 years depending on your state. Personal injury claims typically have shorter deadlines than breach of warranty claims.
| State | Personal Injury Deadline |
|---|---|
| California | 2 years |
| Texas | 2 years |
| New York | 3 years |
| Florida | 4 years |
Comparative Negligence
If you contributed to your illness (for example, by ignoring obvious signs food was spoiled), your compensation may be reduced or barred depending on your state’s rules:
- Pure comparative negligence (CA, NY): Your damages are reduced by your percentage of fault
- Modified comparative negligence (TX, FL): You can’t recover if you’re 50% or 51% or more at fault
Damage Caps
Some states cap non-economic damages (pain and suffering) in certain cases, though these caps typically apply to medical malpractice rather than food poisoning cases.
Steps to Take After Getting Food Poisoning
If you believe a restaurant made you sick, take these steps to protect your potential claim:
1. Seek Medical Attention Immediately
See a doctor as soon as symptoms appear. Request testing to identify the specific pathogen. Medical records create crucial evidence linking your illness to food poisoning.
2. Document Everything
- Save your receipt from the restaurant
- Take photos of any leftover food (if available)
- Write down exactly what you ate and when
- Note when symptoms started and their severity
- Keep a symptom diary
3. Report the Incident
- Contact the restaurant – They may have received other complaints
- File a report with your local health department – They can investigate and may find a pattern of illness
4. Preserve Evidence
Don’t throw away leftover food if you have it. Store it safely in case testing is needed.
5. Consult with an Attorney
Food poisoning cases are complex. An experienced personal injury attorney can:
- Evaluate whether you have a viable claim
- Help gather necessary evidence
- Handle communication with the restaurant’s insurance
- Navigate the legal process
Many personal injury attorneys offer free consultations and work on contingency (no fee unless you win).
How Much Can You Recover?
Compensation in food poisoning cases may include:
Economic Damages
- Medical expenses (hospital, doctors, medication)
- Lost wages and lost earning capacity
- Future medical costs for ongoing treatment
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
In cases of extreme negligence or intentional misconduct, some states allow punitive damages to punish the defendant.
Typical settlements range widely based on illness severity:
| Severity | Typical Range |
|---|---|
| Mild (few days of symptoms) | $1,000 – $10,000 |
| Moderate (hospitalization) | $10,000 – $50,000 |
| Severe (long-term effects) | $50,000 – $500,000+ |
Frequently Asked Questions
How long do I have to file a food poisoning lawsuit?
The statute of limitations varies by state, typically ranging from 2 to 4 years for personal injury claims. However, you should act quickly—evidence disappears, memories fade, and witnesses become harder to locate. Consult an attorney promptly to preserve your rights.
Can I sue if I can’t prove which restaurant made me sick?
This is very difficult. If you ate at multiple restaurants during the incubation period, proving which one caused your illness becomes nearly impossible without additional evidence (like a health department investigation identifying the source).
What if several people got sick from the same restaurant?
Multiple victims strengthen a case significantly. Health departments often investigate when several people report illness from the same establishment. A pattern of complaints helps establish the restaurant as the source.
Do I need a lawyer for a food poisoning case?
While not legally required, an attorney is highly recommended. These cases require:
- Medical evidence linking your illness to the food
- Expert testimony about food safety standards
- Knowledge of state-specific laws and procedures
Most personal injury attorneys work on contingency, meaning you pay nothing unless you recover compensation.
Can I sue a fast food chain or is it just the local franchise?
Depending on the circumstances, you may be able to sue the franchise owner, the parent corporation, or both. Corporate defendants often have deeper pockets but may be harder to hold liable. An attorney can identify the appropriate defendants.
When to Contact a Lawyer
Consider consulting a personal injury attorney if:
- Your illness required hospitalization
- You missed significant time from work
- You have ongoing health complications
- Multiple people got sick from the same restaurant
- The health department confirmed contamination
- Your medical bills are substantial
Many attorneys offer free initial consultations to evaluate your case.
Last updated: January 2025
This article provides general information about food poisoning lawsuits in the United States. Laws vary by state and individual circumstances. Consult with a qualified attorney in your state for advice specific to your situation.
