I had ordered some food from a restaurant that normally did not serve take out. After I ate, I found myself feeling sick within 30 minutes. Things got so bad, I ended up in the emergency room. The doctor diagnosed food poisoning. Although I feel better now, can I sue for my medical bills?
The short answer is yes. Agriculture Law sections 199-a and 200 proscribe labeling and prohibit the sale of adulterated food. That means any food with bacteria or some other additive that will make people sick. Violation of these statutes will give the victim the right to bring a lawsuit for personal injuries as well as medical bills.
You should try to document your purchase of food by saving the receipt from the restaurant. If you have any left over food from your purchase, you can save it in a zip lock bag. Your attorney will help you obtain other documentation for your claim. If you are a person that takes pictures of your food to post to social media, please let your attorney know.
Your case sounds like it is one of the easier type of food poisoning cases. Sometimes, food poisoning does not manifest symptoms for many hours. And if you had eaten anything between your takeout food and the time you went to the hospital, your case would be much more difficult. Food poisoning cases are difficult because it is nearly impossible to prove that a specific food caused the symptoms. These types of cases are routinely defended by the argument that a person could have eaten bad food either before or after the food in question.
By James Santner, Esq.
If you have questions about a similar situation, feel free to contact us. Consultations are free and there is no fee unless we win.