Food Poisoning at Downtown Restaurants

What Are Common Symptoms of Food Poisoning?

Unfortunately, there are plenty of ways to experience food poisoning, as there are multiple kinds of symptoms that a person can have. Some of the most common symptoms of food poisoning include: 

• Diarrhea
• Stomach pain 
• Stomach cramps
• Nausea 
• Fever
• Vomiting

While some of these symptoms may pass quickly and seem relatively tolerable, there are signs that you may experience when food poisoning is quite severe. If you’re experiencing bloody diarrhea that lasts more than three days, signs of dehydration, fever over 102 degrees, or vomiting that prevents you from keeping down liquids, you need to seek medical attention right away. 

For some people, severe food poisoning can lead to life-threatening illness and hospitalization. Some health complications that can result from food poisoning include: 

• Brain and nerve damage
• Kidney damage
• Meningitis
• Arthritis 

Regardless of whether you’ve experienced minor or severe food poisoning symptoms, it’s essential to contact a personal liability attorney right away so they can help you obtain the compensation you are owed. 

Who Is Liable for Food Poisoning?

Typically, as the handler of the food, the restaurant will be held liable for any food poisoning experienced by a patron. In order to be successful in your food poisoning claim, you must establish that the defendant is the restaurant owner or an agent of the restaurant owner acting on their behalf. If you’re able to demonstrate that the restaurant owner or their agent failed to take reasonable measures to protect their patrons from conditions that could result in food poisoning, you will likely be successful in establishing that the restaurant is liable for your food poisoning. 

Furthermore, if it can be demonstrated that the kitchen staff knowingly served expired food, the restaurant can be held liable. However, if the owner or their agent is entirely unaware of their staff’s negligence, then it’s possible that the staff member may be found liable for your food poisoning claim. 

How To Prove Liability in a Restaurant Liability Claim

Like any other personal injury claim, in order to prove that a restaurant is liable for your food poisoning, you will need to establish the four elements of negligence, which are as follows:

• Negligence: The restaurant owner has a duty of care to their customers. When they fail to provide that duty of care, they are considered negligent. 
• Breach of duty: You must prove the restaurant owner failed to provide a duty of care and breached their responsibility. 
• Causation: You must prove that the breach of duty directly contributed to your injuries. 
• Damages: You must show that you sustained actual harm and your injuries resulted in damages, such as medical bills, lost wages, etc.