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Top 5 Legal Tips for Food Poisoning Lawsuits

By Christopher Coble, Esq. on May 05, 2016 | Last updated on March 21, 2019

Nothing spoils a nice meal like a bout of food poisoning. And if the contamination is serious enough, the resulting sickness can lead to permanent injury or even death.

So who is liable for food poisoning, and how sick do you have to be before you can sue? Here's what you need to know about food poisoning lawsuits:

1. What to Do After Food Poisoning

First things first -- make sure you receive any necessary medical attention and take care of yourself. After that, you can try and figure out what made you sick, and whether you want to file a lawsuit.

2. The 3 Most Common Types of Food Poisoning

Knowing how you got sick is the next step. You've probably heard the names before: E. coli, salmonella, and listeria. But do you know the differences in how contamination happens, the physical effects, and which foods to look out for?

3. When Can You Sue a Restaurant for Food Poisoning?

Restaurants have a duty to serve properly stored and properly prepared food that is free of contaminants. If you're able to identify what food made you sick, you may be able to file a negligence claim against the restaurant for breaching that duty.

4. Restaurant Food Contamination Lawsuit Tips

Every claim is different, but knowing your rights and responsibilities when filing a food poisoning lawsuit is essential to your case. Contamination may not be an easy thing to prove, so gathering evidence of a restaurant's negligence in handling, preparing, or serving food may be the most difficult part of your lawsuit.

5. Fatal Injury: Wrongful Death for Food Poisoning

In rare cases, food poisoning can be fatal, and a negligence lawsuit becomes a wrongful death lawsuit. Find out how the lawsuits differ, and what wrongful death claims for food poisoning look like.

It may be hard to know how you got food poisoning, and even harder to figure out if you've got a valid legal claim. If you've been sickened by food at a restaurant or elsewhere, you should contact an experienced personal injury attorney to discuss your case.

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