Could I Sue a Food Truck for Food Poisoning?

Friday, September 30, 2016

Could I Sue a Food Truck for Food Poisoning?

Written by Malman Law, reviewed by Steve J. Malman.

When you enjoy the fare of a food truck, the last thing you plan to order up is a side of food poisoning. While your case of food poisoning may not require hospitalization, you could still suffer injuries and damages as a result of the foodborne illness that you acquired. From lost wages to medical costs and pain and suffering, you could possibly have a claim against the food truck’s workers or owners for your illness.

Damages Associated with Food Poisoning – Going Beyond Medical Expenses

Most food poisoning lawsuits focus on hospitalizations and hospital care, including patients who suffer from life-threatening illness. But, the costs associated with food poisoning go well beyond just medical. In fact, as a food poisoning victim, you could lose days or even weeks of work and pay, spend several days at home in severe pain, or even encounter costs associated with visiting the family doctor as well as prescriptions to treat the foodborne illness.

What Illnesses Are Associated with Food Poisoning?

Food poisoning is caused by a pathogen, but not just one. There are multiple types of pathogens out there that can potentially make someone sick, including:

• Listeria
• Norovirus
• Shigellosis
• Salmonella
• Clostridium Botulinum
• Cyclospora
• E. coli
• Vibriosis
• STEC

Testing Can Help Prove Your Claim

If you suspect that you have food poisoning, request that your medical provider run a test. Having bloodwork or a stool culture performed to confirm the type of food poisoning will only strengthen your case against the food truck’s owner or suppliers.

If you do not have any testing done, you may still have a claim. If others suffered from the same illness and also ate at the same food truck, then you can establish a pattern. Also, you do not need a large group of affected people to prove your claim. Your attorney can help establish the likelihood that food poisoning occurred, such as presenting evidence of multiple food and health code violations, employee testimonies, etc.

Contact a Personal Injury Attorney from Malman Law Today

If you have been sickened by food that you ate from a food truck or restaurant, you may qualify for compensation through a personal injury lawsuit. First, you will need to explore your options by contacting an attorney at Malman Law. Schedule your free consultation now. Call our office or request a consultation online.