Each year, thousands of people in the United States fall victim to food poisoning. Recently, there have been outbreaks of food-borne illnesses tied to bacteria such as E. coli and salmonella. The Centers for Disease Control and Prevention (CDC) keeps track of the number of illnesses related to tainted food products and provides guidelines for avoiding becoming infected with one.

What’s the first step people should take if they suspect they have food poisoning and want to take legal action?

First things first -- contact your local health department, or if your symptoms are severe or persistent, go to the nearest emergency room or immediately contact your doctor. If you know others who have similar symptoms, urge them to contact the health department.

How can a person prove they were poisoned by a certain food?

Your doctor will prescribe lab tests to determine if you have food poisoning, and the health department will conduct an investigation into the source of the tainted food. Keep any leftovers for possible testing, as well as receipts showing that you purchased the suspected food.

What is a restaurant’s legal responsibility?

A restaurant is responsible for injuries caused by its food, even if the source of the illness may have been contaminated before it reached the restaurant. Restaurants may be liable for victims’ medical expenses, lost income, disability and pain and suffering.

Should everyone who’s been a victim of food poisoning file a lawsuit?

The short answer is “no.” If you were sick only a few days and were not permanently harmed, the costs of formal litigation would most likely exceed the damages awarded. However, if the food poisoning resulted in lost income, an extended illness, permanent nerve or muscle damage, large medical bills or death of a family member, you would definitely want to consider contacting a lawyer.

The lawyers at the Law Offices of Jeffrey J. Kroll have the experience and expertise to obtain maximum results for their clients in food-poisoning cases. It is crucial when prosecuting a food poisoning case to have an attorney who knows how to navigate the complexities of these cases. To contact us, please fill out the consultation form or call us at (312) 676-7222.