Can You Sue a Restaurant for Food Poisoning?

Food poisoning can strike suddenly and turn what should be an enjoyable dining experience into a nightmare of severe illness. When contaminated food causes you to suffer vomiting, diarrhea, fever, or other debilitating symptoms, you may wonder whether you have legal recourse against the restaurant responsible.

If you’ve become sick after eating at a restaurant in California, you may have grounds for a premises liability claim. At Setareh Law, we have recovered over $250 million for injured clients throughout California and understand the complexities of holding restaurants accountable for serving unsafe food. With 60 years of combined experience and over 400 five-star reviews, our bilingual team is ready to help you pursue the compensation you deserve.

What Qualifies as Food Poisoning?

Food poisoning occurs when you consume food or beverages contaminated with harmful bacteria, viruses, parasites, or toxins. Common culprits include Salmonella, E. coli, Listeria, and norovirus. According to the Centers for Disease Control and Prevention, approximately 48 million people get sick from foodborne illnesses each year in the United States, with 128,000 hospitalizations and 3,000 deaths.

Symptoms typically appear within hours or days of consumption and can include nausea, vomiting, stomach cramps, diarrhea, fever, and dehydration. In severe cases, food poisoning can lead to hospitalization, long-term health complications, or even death, particularly in vulnerable populations such as young children, elderly individuals, and those with compromised immune systems.

Establishing Liability in Food Poisoning Cases

To successfully sue a restaurant for food poisoning, you must prove the establishment was negligent in its food handling, preparation, or storage practices. This requires demonstrating that the restaurant was the source of your illness, that they acted negligently, and that you suffered damages as a result.

You must establish a direct connection between the food you consumed at the restaurant and your illness. This can be challenging if you ate at multiple locations or if symptoms don’t appear immediately. Evidence such as medical records documenting your diagnosis, receipts showing when and where you dined, and witness statements from others who became ill after eating the same food can strengthen your case.

California restaurants have a legal duty to serve food that is safe for consumption. Negligence may include improper food storage temperatures, inadequate handwashing by staff, cross-contamination between raw and cooked foods, serving expired ingredients, or failing to maintain clean kitchen facilities. You must also demonstrate that you suffered actual damages, including medical expenses, lost wages, pain and suffering, and in severe cases involving permanent injuries or complications.

Building a Strong Food Poisoning Case

Successfully pursuing compensation requires thorough documentation from the moment you realize you’re sick. Seek medical attention immediately and explain to your healthcare provider when and where you ate. Request laboratory tests to identify the specific pathogen causing your illness and keep all medical records, bills, and receipts related to your treatment.

Save any leftover food, packaging, or receipts from the restaurant and photograph your meals if possible. If other diners also became sick, their testimony can significantly strengthen your case. Report the incident to your local health department, which may conduct an investigation and document violations. Contact an attorney promptly, as California’s statute of limitations limits the time you have to file a claim.

Types of Compensation Available

Victims of restaurant food poisoning may recover various forms of compensation for their losses. Economic damages include all medical costs, both current and future, as well as lost income and reduced earning capacity if the illness prevents you from working.

Non-economic damages compensate for physical pain, emotional distress, and diminished quality of life. In cases involving particularly egregious negligence or deliberate misconduct, punitive damages may be awarded to punish the restaurant and deter similar behavior. Restaurants and their insurance companies often have legal teams working to minimize payouts or deny claims entirely, which is why having experienced legal representation is essential.

Contact Setareh Law for Your Food Poisoning Case

At Setareh Law, we handle all personal injury cases on a contingency fee basis, which means you pay no fees unless we recover compensation for you. Our team serves clients across California from eight office locations and offers home visits when needed. We’re available around the clock and provide services in both English and Spanish.

Don’t let a restaurant’s negligence leave you suffering without recourse. Contact us today for a free consultation to discuss your food poisoning case and learn how we can help you pursue the justice and compensation you deserve.