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Can I Sue a Restaurant for Food Poisoning?

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woman with stomach ache

Getting food poisoning is never a pleasant experience, but can you sue over it? In the state of New Jersey, that answer is “yes.” This is essentially a product liability lawsuit, and you can pursue damages if you can show that the food served was dangerous. Our New Jersey product liability lawyers may be able to help you.

How Does Food Poisoning Occur?

Food poisoning can occur in a few different ways, but the common throughline is usually negligence on behalf of the restaurant or its employees. Food poisoning can be caused by:

  • The improper storage or refrigeration of food
  • Keeping raw food close to cooked food and causing cross-contamination
  • Bacteria like e.coli, listeria, or norovirus
  • Undercooked meat
  • Unclean utensils
  • A cook who did not clean their hands or workstation

A restaurant and its staff have to do their best to avoid any issues like these. When they do not, they are putting diners like you at risk.

When Can I Pursue Compensation?

If you get food poisoning and just suffer from a mild stomach ache, it is probably going to be hard to sue. However, foodborne illness can easily result in worse symptoms. If you or a loved one ended up hospitalized due to vomiting, high fever, and extreme dehydration, you should consider moving forward with a personal injury case.

Your compensation can help you cover any expenses stemming from this incident. It can help you pay your hospital bills and for the cost of any other care you needed. You can also fight for damages that would reimburse you for the paychecks that you missed while you were recovering.

Should I Hire an Attorney?

Fighting for compensation in a case like this can be tough, but the personal injury lawyers from our law firm can do a lot to assist you. Your attorney will be able to:

  • Calculate fair compensation and field settlement offers
  • Communicate on behalf of you and your family
  • Connect you with experts who can test leftovers and investigate for evidence of food poisoning
  • Answer any questions that you have

Why Should I Sue For Food Poisoning?

Suing for food poisoning does not just help you recover compensation. Holding a restaurant responsible for its negligence can be a good idea for other reasons. If an eatery is a repeat offender, for example, your suit can create an easy-to-follow paper trail for others who suffer injuries in the future.

You can also help protect others who are more susceptible to food poisoning and could end up with more severe symptoms. Older people, children, pregnant women, and the immunocompromised are among those who could suffer more.

Meet With Our Legal Team

Proving that negligence led to your food poisoning can be tough, but our lawyers can help you. Contact Rubenstein, Berliner & Shinrod, LLC and set up an initial consultation today. This first meeting is free, but the information you gain could be invaluable.

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