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When can I hold a restaurant liable for food poisoning?

Food poisoning is a relatively common but unpleasant experience. While most cases of food poisoning simply include an upset stomach, vomiting and a loss of appetite, some extreme instances of food poisoning lead to hospitalization.

Food poisoning can occur for different reasons, but it's always a result of food being contaminated with bacteria or a virus. If you or a loved one has suffered from food poisoning after eating at a restaurant, you may feel that something must be done to hold the business owners liable, especially if the food poisoning was serious. In many cases, it can be possible to hold a food establishment liable for the occurrence of food poisoning. However, to be successful, a plaintiff must prove causation. The following is an overview of how the law applies to instances of food poisoning.

Common causes of food poisoning

Food poisoning can commonly occur in establishments that do not manage the handling of food properly. Food poisoning can occur when a meal is prepared by a person with unclean hands or who is using unclean cooking utensils. Alternatively, undercooked or improperly stored meat, fish or oysters can cause food poisoning.

How can I prove that a particular establishment caused food poisoning?

It can take a while to experience symptoms after eating the food that causes food poisoning. While some instances of food poisoning can cause symptoms after two hours, other cases take up to 48 hours to show. For this reason, it can be difficult to trace what food was contaminated.

One way to successfully show that the food poisoning was caused by a particular establishment is to find other customers who experienced the same symptoms. For example, if you ate a meal with a group of friends at a restaurant and the three people who chose the steak became severely ill with food poisoning within 24 hours, it should be relatively easy to show that the restaurant was liable for this.

Filing a legal claim against the establishment that caused your food poisoning could lead you to gain back damages for the medical bills incurred as well as the pain and suffering caused. Make sure that you take action in good time so that you can get the damages that you deserve.

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