Food poisoning cases seem to be on the rise in the media. In 2015, Chipotle was hit by an E. coli/norovirus scandal that would see 43 stores closed. Severe food poisoning leaves people off work and struggling to do everyday tasks, so lawsuits are common. If you are suing for food poisoning, make sure you follow these top legal tips.
Make Sure You Can Prove It
You know that the only way you could have been ill was from the restaurant, but can you prove that's the case? If a period of time happened between the meal and your sickness, you'll find it harder to prove.
The easiest way is if multiple people from the same party or who visited the same restaurant have the same illness. Having leftovers can also help, as they allow for testing. Recalls or warnings can also help back up your claim.
Get Medically Tested
You can't go with your own feelings and diagnosis. Even a trained doctor would need to get a second opinion in cases involving food poisoning. Take a trip to see your doctor and get an official diagnosis of the condition. This is especially the case when it comes to E. coli, Listeria, and other more serious forms of food poisoning. If others in your family have the same symptoms, encourage them to get tested too to help strengthen your claim. Your medical expenses can be included in your lawsuit.
Check for Health and Safety Violations
Look for any proof that the restaurant has had violations against health and safety in the past. This will help to back up your claim, as it shows the restaurant has a history of being negligent. Should it turn into a case of your word against the restaurant's, you stand a better chance of being believed.
Your attorney should handle this matter to help prove that the restaurant was at fault. The company may also be due another visit from the health inspector and this can encourage a quicker visit to make sure there are no problems.
Have Proof of Loss
In some cases, proof of loss will also help to win a lawsuit. The judge will be able to see that you are only claiming for the amount you have lost and are not out to maliciously destroy a business. You need to have proof of your medical costs, loss of earnings, and any other money you have spent due to the illness.
You can sue for food poisoning, but it is not always worth your while. You need to prove that the restaurant or company was at fault, and that can be much harder than you would initially think. Work with a personal injury lawyer for best results.Share
30 August 2016
Over the years, I have learned several lessons the most difficult ways possible. One lesson that I have learned is to never try to handle legal issues without legal representation working with you. I have faced fines and penalties that could have been greatly reduced had I hired an attorney to represent me in court. This blog will show you several ways you could benefit from paying for the legal fees associated with hiring an attorney anytime a legal issue may arise. You will also find examples of how things can go terribly wrong if you don't hire an attorney.