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Should You Sue a New York Restaurant for Food Poisoning?

Jan 11, 2017 | Personal Injury

According to the Centers for Disease Control and Prevention, unspecified agents cause an estimated 38.4 million foodborne illness episodes each year in the United States.

Personal Injury Case

Have you fallen seriously ill after eating a meal at a restaurant? Contact a NY personal injury lawyer if you have and there is no one better in the Big Apple than RMFW Law!

It estimates that 48 million people get sick, 3,000 die and 128,000 are hospitalized as a result of foodborne diseases each year across the country. It is also reported that food transmits over 200 known diseases, which are caused by bacteria, viruses, parasites, toxins, prions, and metal.

Can I file a lawsuit against a restaurant for food poisoning in New York? This is a common question, but it may not be the one you should be asking when it comes to suing over food poisoning. If you became sick after eating at a particular restaurant, you might suspect that some factor related to the sanitation of the restaurant or something in the food caused you to get sick. And you might be right.

However, when it comes to cases like these, the questions you should be asking are – do you have any proof that the restaurant is responsible for making you sick? And if you do, is the level of harm you suffered enough to actually justify spending the money and time to file a legal claim?

Can You Prove that the Restaurant Caused Your Illness?    

A strong suspicion that a particular meal at a particular New York restaurant caused your illness is not enough. You need to prove that it did. But this can be difficult, especially if a significant time period has passed between that meal and your sickness.

You need to consider if your illness was caused by something else – this is a question that you will be asked by the restaurant and anyone you have filed the lawsuit against. Could your illness have been a result of something else you ate? Could it just be a case of stomach flu?

Even if you have evidence that could prove that the food from the restaurant was tainted, e.g. leftovers of the meal in a doggy bag, it is not likely that it is conclusive evidence. If the leftovers were tested and the presence of harmful bacteria in the food was revealed in the lab analysis, the restaurant can say that the food can become tainted after it left the restaurant.

If your food poisoning case involves hospitalization or a life-threatening microbe like salmonella or E. coli, it may be a different story. You may be able to pursue a legal claim and get compensation for damages, including your illness, medical bills incurred due to your illness, pain and suffering, etc.

Getting Legal Help for Food Poisoning in New York

If you or a loved one has suffered from food poisoning after eating at a restaurant, you should immediately call the personal injury attorneys at Rosenberg, Minc, Falloff, & Wolff of RMFW Law at 212 697 9280. You can discuss the merits of your case and we can decide if your case is viable or not.

What do you have to say? We know how to win cases and we enjoy representing you if we believe your case has enough merit. We charge you nothing up front and we are paid only if we win. Call us today!