Getting ill from a foodborne pathogen is an utterly miserable experience, easily on par with a horrible case of the flu. Even when it lasts only a few days, it can be crippling in intensity. Many people turn to the idea of filing a lawsuit against restaurants to get compensated for the illness they suffer, only to discover that it may not be the best path to take after all.
While you can certainly file a lawsuit over foodborne illness, the real question is whether it’s worth your time to do so. Learn why lawsuits related to food poisoning can get complicated, and why talking to a Pueblo personal injury attorney for advice is important.
Proving Foodborne Illness
The first problem you face when trying to sue a restaurant over food poisoning is proving that you have a foodborne illness and that you got it from the restaurant, to begin with. Firstly, many instances of food poisoning share symptoms with other illnesses. Do you have a mild case of salmonella or have you picked up a common three-day flu bug?
Secondly, can you prove that you got the illness at the restaurant where you suspect it happened? Many types of food poisoning can take days to manifest after incubating in your body. That means that your sickness may have happened from the pork you ate last night, or they could’ve been from the sushi you had four days ago.
Even if you’ve got a sample of the food to test, that may not be conclusive. Your food could have become tainted at any time between reaching your table and you bringing it home. Food poisoning bacteria can grow over a period of time, meaning it’s hard to prove when and where you got it.
Can You Prove Negligence?
Another issue you’ll face is the need to prove negligence on the part of the restaurant. You have to demonstrate that the restaurant did something wrong, and was irresponsible to the point where it not only put you in danger but actually caused your illness.
Now, if an employee failed to wash their hands before handling food, this can qualify, but it’s also hard to prove. Is it possible, for example, that the restaurant got a batch of tainted lettuce from a supplier and had no knowledge it was tainted when it hit the salad bar?
Personal Injury Suits Take Time
Finally, pursuing a personal injury case takes time. Since in most instances a case of food poisoning only keeps you down for a couple of days it can be very hard to show that you’ve suffered the kind of significant harm that such a case requires.
Ask a Pueblo Personal Injury Attorney
There are, of course, exceptions to the above. Illnesses like botulism or serious cases of salmonella and e. Coli can certainly be utterly debilitating and cause major medical problems. If you think you have a case for an injury suit, you should seek advice from a Pueblo personal injury attorney. There’s usually no charge for a consult, and you can determine the best path to take. For help with your case in Colorado, call the offices of Heuser & Heuser today or complete our online contact form.