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Can I sue a Resturant for Food Poisoning?

Personal Injury Lawyer St. Louis

can i sue a restaurant for food poisoning


Having lunch or dinner at a favorite restaurant is usually a great time. You order your favorite food, maybe have a drink or two, and then go home. But what happens when you get home and your stomach turns into a knot and you get really sick? What if the food you ate caused you to get sick? What can you do about it? Can you sue the restaurant for food poisoning?

In this FAQ, we’re going to explore the options you can take after you suspect you’ve become sick because of food poisoning. Can you sue the restaurant? Will your case be successful? Our Personal Injury Lawyers in St. Louis can help you with your food poisoning lawsuit. Call our team today at 314-542-2222 or 618-272-2222. We don’t charge any fees for our consultations, and we never ask for any attorneys fees unless we win your food poisoning lawsuit claim.

Gary Burger

Gary Burger | Trial Attorney

Gary Burger is devoted to helping injury victims recover from devastating accidents in Missouri and Illinois. Gary practices all areas of personal injury law and has been successful in providing financial recovery while aiding in the protection of our clients' future.


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Can I sue for Food Poisoning?

With any case where you’ve suffered damages or health problems, you have the potential to pursue a personal injury claim. For a food poisoning claim to be successful, you have to prove that the food you ate is what caused you to get sick and that other circumstance didn’t lead to your illness. This is going to be the crux of your case.

First, you have to prove that the food you ate is what caused you to get sick. If you don’t have any leftovers of the food, this is going to be nearly impossible to prove. You have to have some type of physical evidence as proof for your ailment. If other diners also got sick from the food at the same time you did, this can lend towards your case if you don’t have any physical leftovers. This, however, will also be difficult to collect as you may not know the other diners and will most likely not be able to contact them all.

So let’s assume that you do have leftovers, and you are positive that the food you ate is what caused your sickness. What do you do now? You have to have the food tested to see if it contains the bacteria that made you sick. But what happens once the food is tested and is proven to contain the bacteria that made you sick? Is this a closed case now? Not exactly. The restaurant can still offload the blame by claiming that you didn’t store the food properly after taking it home. You can claim that you did, but there is no conclusive way to prove that either.

It’s easy to see how a food poisoning case can be extremely complicated and hard to prove. So does that mean that you just abandon the lawsuit? Not entirely. If you were sick enough that you had to be hospitalized, your chances of recovering from a food poisoning case can be substantially better. The hospital will run tests to determine what made you ill, and those test can be used to substantiate your claim. This evidence can then be used to hold the restaurant accountable.

Should I sue for Food Poisoning?

To prove your food poisoning claim, you’re going to need the help of an experienced personal injury lawyer in St. Louis. There’s no way around that. A lawyer is going to know the appropriate laws and how to argue your claim so that you get the recovery you need and deserve. If you would like to discuss your case with our team, call 314-542-2222 or 618-272-2222. We don’t charge any fees for our consultations, and we never ask for any attorneys fees unless we win your food poisoning lawsuit claim.

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