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What To Do If You Believe You Have Suffered From Food Poisoning

Written by Bob Katz Law reviewed by Timothy J. Capurso

Food Poisoning

When you eat out at a restaurant, you’re, in most cases, at the mercy of the restaurant to properly store, cook, prepare, and handle the food. As a customer, you have no way of monitoring whether the restaurant is managing these tasks in a reasonable manner. You trust them based on their reputation in the community.

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You also trust them because there are laws that regulate restaurant safety. Most state health departments regulate restaurants and license them to serve food and drink, and most restaurants are required to display their health inspection certificate on the premises, certifying their compliance with these regulations.

Even though common decency and reasonable care require that these regulations are adhered to, many restaurants fail to maintain an adequate standard of care. Health inspectors often pay surprise visits to restaurants to keep them on their toes, and without knowing when a health inspection may occur, restaurant owners are further encouraged to maintain proper cooking conditions and sanitation to avoid losing their restaurant licenses.

Notwithstanding the above, millions of people get sick from food poisoning every year. Certain types of food poisoning incidences are on the rise, according to new data from the Centers for Disease Control and Prevention’s annual report on foodborne illness. The CDC estimates there are 48 million people per year affected by some form of foodborne illness.

Many of these cases go unreported and, therefore, undiagnosed. Additionally, many claims against restaurants are settled with confidentiality clauses to protect the restaurant’s reputation and avoid loss of business. Thus, the general public is largely uneducated about the frequency of foodborne illness and the causes that precipitate it.

WHAT TO DO IF YOU BELIEVE YOU HAVE SUFFERED FOOD POISONING

This is a list of steps we recommend to any individual who believes they may have sustained a foodborne illness:

  • Seek medical attention immediately. (Serious food poisoning cases can result in serious injury, illness, and even death.) Often, severe gastroenteritis can lead to significant dehydration and, in extreme cases, organ damage and/or kidney failure.
  • Report the restaurant to your local health department and have the matter investigated. That’s what they’re there for. The health department may elect to investigate the matter, and you can often find out if there have been other similar cases reported, whether the restaurant was in violation of a health code, and other useful information. As lawyers in these cases, we have occasionally seen cases where the restaurant was warned to address a health code violation and failed to do so before someone sustained food poisoning. This should not happen, and if it does, the restaurant should be held liable for the resulting damages both to compensate the victim and ensure that future patrons don’t suffer a similar fate.
  • Report the matter to the restaurant. Often, they’ll create an incident report documenting your complaint. In most states, health and safety codes require that this is done.
  • Call a food poisoning lawyer in your state. They can help you document and, if necessary, litigate your case against the negligent restaurant.
  • Save your receipt from purchasing the food. Occasionally, it will be necessary to prove that the food originated from a particular meal, and the receipt is one way to document this.
  • Where possible, get the names and phone numbers of other individuals who may have also gotten sick or consumed the same food. It always helps to have witnesses to corroborate your case. If an entire batch of food is contaminated or conditions in the restaurant are poorly maintained to the extent that one person gets sick, it’s likely that more than one person will get sick from consuming the same batch of food. Often, it will be difficult or impossible to find out about similar incidences without serving a subpoena on the restaurant for this information. In these instances, it may be necessary to hire a lawyer to file a lawsuit for you and subpoena the information the restaurant has on who dined there and what they ordered in order to prove the claim.
  • Seek out additional information on sites like Web MD and get educated.

Things To Keep in Mind About Food Poisoning & Food Poisoning Cases, From a Legal Perspective

There are many types of food poisoning, but the main types can be categorized as stemming from one of the following:

  • Bacterial
  • Viral
  • Parasitical
  • Toxins

Bacterial cases are the most common. Symptoms can appear as early as an hour after the contaminated food is consumed but may not appear for several days. Usually, the quicker the onset of symptoms, the easier it is for physicians to diagnose the cause as foodborne illness.

What To Do If You Believe You Have Suffered From Food Poisoning

Additionally, the time it takes for symptoms to appear often correlates to the amount of contaminated substance consumed by the victim. Symptoms typically include one or more of the following:

  • Fever
  • Nausea
  • Diarrhea
  • Bloody stools
  • Abdominal pain or cramping
  • Vomiting
  • Dehydration
  • Headache
  • Extreme exhaustion (or any combination of the above)

What Are the Risks of Getting Food Poisoning?

The risks of food poisoning vary depending on the pathogen, but some cases can result in severe health complications. While many people recover after experiencing symptoms like nausea, vomiting, and diarrhea, certain risks make food poisoning a serious issue.

Key risks include:

  • Dehydration: Vomiting and diarrhea can cause significant fluid loss, which may lead to severe dehydration requiring medical intervention.
  • Chronic conditions: Certain pathogens, such as Campylobacter, may lead to long-term issues like irritable bowel syndrome (IBS) or Guillain-Barré syndrome, a condition affecting the nervous system.
  • Organ damage: Severe cases of E. coli infection can lead to hemolytic uremic syndrome (HUS), which may cause kidney failure.
  • Pregnancy complications: Listeria infections can result in miscarriage, stillbirth, or severe infections in newborns.
  • Death: While rare, food poisoning can result in fatalities, particularly in vulnerable populations.

The CDC estimates that foodborne illnesses cause about 3,000 deaths annually in the United States. Preventative measures, such as ensuring proper food handling, are essential to reduce these risks.

How Long Does It Take to Recover from Food Poisoning?

The recovery time for food poisoning depends on the type of contaminant and the severity of your symptoms. In most cases, individuals recover within one to three days. However, some bacterial or parasitic infections, such as Salmonella or E. coli, may require weeks to recover fully.

The duration of symptoms can vary depending on the specific foodborne pathogen:

  • Norovirus: Symptoms typically last 1–3 days.
  • Salmonella: Symptoms may persist for up to a week but could linger longer in severe cases.
  • E. coli (Shiga toxin-producing strains): Recovery may take 5–10 days, but complications like kidney damage can extend this period.
  • Listeria: Symptoms may last weeks or months, especially in individuals with weakened immune systems.

If symptoms persist for more than a few days or worsen, seeking immediate medical attention is essential. In some cases, particularly among vulnerable populations, complications can cause long-term health consequences. According to FoodSafety, early medical intervention and proper diagnosis are critical steps in managing severe foodborne illnesses.

How Do Restaurants Cause Food Poisoning?

As mentioned above, food poisoning often occurs when restaurants fail to follow proper food safety guidelines. Common causes include:

  • Improper food handling: Employees failing to wash hands or sanitize surfaces can transfer harmful bacteria to food.
  • Cross-contamination: Using the same cutting board or utensils for raw meat and ready-to-eat food can spread pathogens.
  • Temperature abuse: Leaving perishable foods in the “danger zone” (between 40°F and 140°F) for too long can promote bacterial growth.
  • Contaminated ingredients: Foodborne illnesses may originate from contaminated meat, dairy, or produce delivered to the restaurant.

These negligent practices can lead to outbreaks of dangerous pathogens, such as Salmonella, E. coli, and Listeria. An investigation into the restaurant’s food handling and safety practices can determine whether negligence occurred.

Causation Is the Key

One of the legal complications that arise in a food poisoning case is proving causation. That is, in order to prevail in a food poisoning claim, it will be necessary to connect the consumption of the contaminated food to the contraction of the symptoms. As such, a great number of these cases turn on this issue.

Since there are literally hundreds of possible ways to contract a foodborne illness, you should probably speak with an attorney if you believe you’ve been the victim of the same. The attorney can help you determine if there is sufficient evidence to support a claim against the offending restaurant. Without proper documentation and evidence to support your claim, it’s likely the restaurant will dispute the causation of your illness.

Accordingly, if you believe you have been the victim of food poisoning in Maryland, Virginia, or Washington, DC, and would like to speak with an attorney to determine if you have a claim, do not hesitate to call us. Our injury lawyers handle these types of legal matters and food poisoning injury claims throughout the Baltimore–Washington area.

What Is the Average Settlement for Food Poisoning?

Food poisoning settlements can range widely, depending on the circumstances of the case and the severity of the illness. Minor cases where individuals experience discomfort and recover quickly may result in settlements of a few thousand dollars, covering medical expenses and lost wages. Severe cases that require hospitalization or cause long-term health complications may lead to settlements or awards exceeding $100,000 or more.

Key factors influencing settlement amounts include:

  • Medical expenses: Treatment costs, including emergency care and long-term health management, are significant components of any settlement.
  • Lost wages: If your illness prevented you from working, you may be compensated for lost income.
  • Pain and suffering: Severe symptoms and emotional distress caused by the illness may also contribute to the final settlement.
  • Clear liability: If evidence directly ties the restaurant to the foodborne illness (such as through health department investigations or multiple reports of sickness), the settlement amount may increase.

A 2020 report from Safe Food notes that settlements are often negotiated based on clear documentation of the illness, such as medical records and proof of food contamination.

Proving a Food Poisoning Case Against a Restaurant

To hold a restaurant accountable for food poisoning, you’ll need to establish liability through evidence. This process involves gathering key pieces of information that connect your illness to the restaurant’s food or practices.

Here’s what you’ll need:

  • Medical records and test results: A doctor’s diagnosis and lab tests identifying the pathogen (e.g., Salmonella, E. coli) are essential in proving food poisoning.
  • Leftover food samples: Testing uneaten food can confirm contamination and identify the harmful bacteria or virus.
  • Receipts or financial records: These documents prove that you dined at the restaurant in question.
  • Health department reports: If other customers reported similar symptoms, this could strengthen your claim.
  • Witness testimony: Statements from others who dined with you or experienced similar symptoms can corroborate your account.

Legal claims for food poisoning often fall under negligence or product liability laws. An experienced attorney can help investigate the restaurant’s food safety practices, work with medical and food safety experts, and represent you in seeking fair compensation.

Why Contact Bob Katz Law for Food Poisoning Cases?

Food poisoning caused by a restaurant’s negligence can result in serious consequences. At Bob Katz Law in Baltimore, MD, our attorneys are experienced in handling foodborne illness cases and can help you seek fair compensation. Call 1-888-540-2599 to schedule a free consultation with one of our attorneys at Bob Katz Law.

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Timothy J. Capurso

Timothy J. Capurso is chair of the firm’s Personal Injury Practice Group. He concentrates his practice on personal injury cases of all types, focusing on automobile accidents. His background includes litigating personal injury cases from inception through trial and settlement negotiations. 25+ years of experience.

Contact Timothy J. Capruso

 

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