Sue if you got food poisoning?

Question

If you went to a restaurant and ordered a dish and you are 100% sure you got food poisoning from it how do you prove you got it from that restaurant if trying to file a lawsuit?

Answer 1

You have no way to prove it.  I've called a restaurant and nicely bitched them out.  The only thing you can do to get even is word of mouth.  We have a TV station that reports health department results to the public claiming we have a right to know.  That restaurant didn't have a working refrigerator.  No wonder I got sick and even with that I have no recourse except to tell everyone for a very long time how sick I got eating there and make sure they know about the health department report.  Try calling a investigative reporter.  Maybe they can look into it and get the restaurant checked out.  At least you may save someone else from getting sick.

Answer 2

There is no way that you can prove it, no matter how sure you are.  Sorry

Answer 3

The only way you have any chance is if there are multiple reports of food poisoning from the same establishment at the same time & even then it would be hard without direct evidence from a health department investigation.

Answer 4

the only wa is that if a lot of people got sick from teh same dish and the health department get wind of it then tracks it all back to the same restaurant you may have  a chance at a class aciton lawsuit. other than that no recourse.

-well don't eat there again tell all your friends and neighbors and then they won't go there then eventually it will be out of business.

Answer 5

Honestly, get a life.  You are just as bad as the rest of them who feel the need to sue to get people out of their money is the right thing to do.  How much was your meal? Ten bucks? Twenty?  

And how much are you planning to sue for?  50 million? 100 million?  It bothers me so much that you people feel the need to do this.  When did we become a society that has to sue everyone every time something has gone wrong?

Suck it up, get a life, and stop your complaining.

Answer 6

Ah, we are such a litigious society. What are your monetary damages? Did you lose your job from this sickness? Did you lose a body part or go blind? If you have no real damages other than that you spent some time on the commode and felt like heck for a while, you won't have much of a case.  If you had to go to the ER and get fluids, you probably could get the restaurant to cover your out-of-pocket costs.

You would be better off reporting them to the local Health Department.

Answer 7

Food poisoning is very difficult to prove.  You need EVIDENCE- cultures of the suspect food, stool cultures, etc.

When I was a Flight Surgeon, I had three flight crew come down with staph food poisoning.  They had all eaten the same thing at the Officer's Club.  THe manual says " Close the source", so I did.  You would have thought I started WWIII.

The Hosital Commander and I inspected the kitchen and crew at midnight that night, picked out the guy with the boils on his face and got him some other duty. and re-opened the OC.

My reward for that was about a pile of forms about 2 feet high that had to be filled out. It taught me not to close the Officer's Club again, but also the level of evidence required to prove food poisoning. Very, very hard to do. I don't think you would have a chance in Court.  Besides,  if you did not suffer permanent injury, there are not enough $$$$ to get an attorney interested.  Let it go.