Can I Sue a Restaurant After Getting Food Poisoning?


Most people have had some experience with food poisoning. It is never a pleasant experience ingesting tainted food or dealing with the vomiting, diarrhea, and aching that usually follows as the body attempts to rid itself of harmful bacteria.

All food poisoning is bad, but some forms are worse than others.

The pathogens that result in the most hospitalizations and deaths are: salmonella, norovirus, E. Coli, listeria monocytogenes, campylobacter spp, and toxoplasma gondii.

According to the Centers for Disease Control and Prevention (CDC), approximately one in six Americans get food poisoning every year – about 48 million people. Of those, 128,000 are hospitalized and 3,000 die.

Clearly, food poisoning is a common and serious problem. In cases where a serious illness or death occurs, victims may have many questions about their legal options.

If you got food poisoning after eating in a restaurant, on a cruise ship, or after purchasing tainted food, you may be entitled to compensation. Similarly, if you lost a loved one because of food poisoning, you may be entitled to compensation through a wrongful death claim.

However, it is important to know that evidence is critical in these cases. It is necessary to prove that the restaurant (or other dining establishment or food grower) served tainted food. Here are a few things to keep in mind to help support your claim:

  • See your doctor for testing to find out what pathogen made you ill
  • Keep your leftovers, if possible, for testing
  • Find out if other people got sick after eating at a particular restaurant (your local health department may be able to tell you about related food poisoning cases)

It is important to talk to an attorney as soon as possible after getting sick. These are time-sensitive cases so it is best to get an attorney on your side from the earliest stage possible.

Free consultation: Talk to a personal injury lawyer today about your legal options. Call our Houston law office at (713) 222-7211 to get started.