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  • Writer's pictureAcclaim Law Group

Can I Sue a Restaurant for Getting Food Poisoning?

The right to sue is one of the many rights afforded to us by the United States Constitution, which allow us to resolve public and private disputes alike. Not surprisingly, America is among the top 5 most litigious countries per capita, according to Clements Worldwide, a global insurance company headquartered in Washington, D.C. As such, many people are quick to file a lawsuit when they believe that they have been wronged in some way; however, they seldom think about what filing a lawsuit entails, especially in cases where the legal battle can be ongoing and costly. In this article, we will take a closer look at lawsuits involving restaurant food poisoning and whether or not you should pursue legal action.


While you can technically sue a restaurant whose food caused you to become ill, the process is not always easy as you will have to prove that the food consumed, either from or at the restaurant, was responsible for your illness. Assuming that you can prove that the restaurant was negligent in some way, you are well within your rights to retain an attorney and file a personal injury claim. That said, it is important that you don’t allow too much time to elapse before filing the lawsuit as it will become increasingly difficult to prove that the restaurant was the cause of your foodborne illness.


Needless to say, winning a lawsuit involving food poisoning is an uphill battle. In most cases, the restaurant will hire their own defense attorney who will likely look to poke holes in your claims that the restaurant’s food contributed to your illness. For example, a defense attorney may attempt to sway the court into believing that alcohol or other foods may have played a role in your food poisoning case.

That being said, it is a good idea to hire a reputable personal injury attorney who is well-versed in handling food poisoning claims. If you’re in San Diego or the surrounding areas, consider doing a Google search using the following keywords: “personal injury attorney San Diego,” personal injury attorney La Mesa,” or “personal injury lawyer San Marcos.” Once you have narrowed down your choice in attorney’s, it is important to inquire about the cost of filing a lawsuit, the likelihood of a favorable outcome, and how long a lawsuit will take from start to finish.

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