On behalf of Licatesi Law Group, LLP posted in blog on Saturday, March 31, 2018.

When suffering in the midst of it, it feels like there is nothing worse than food poisoning. The severity of food poisoning largely depends on the type of bacteria that you have been exposed to. However, symptoms usually include severe pain, vomiting, inability to keep down food and diarrhea. Food poisoning can also lead to skin rashes, fever and, often, extreme dehydration that can result in a need to be hospitalized.

Although food poisoning can be terrible in itself, it becomes even more stressful and frustrating when you are forced to take days off work, losing the potential to earn wages as a result. You may also have needed to pay for medical bills in relation to your illness, and no doubt you will feel that it is the responsible restaurant’s duty to compensate you for their negligence.

Can I sue a restaurant in relation to my food poisoning in New York?

While it is not common for a person to successfully sue a New York restaurant or establishment for one’s illness, it is still possible. The chances of success can be greater if a large group, or possibly even multiple parties, dined in the establishment and suffered as a result.

Courts recognize that suffering from food poisoning can be significant, and while it can be somewhat difficult to prove, they acknowledge that it is important to hold the responsible parties culpable, both to restore justice and to prevent further instances of food poisoning, that can potentially lead to death.

How can I prove that a particular restaurant was responsible?

It can be difficult to prove that a certain restaurant was responsible for your food poisoning. It is vital that if you were in a situation such as this, you should keep all proof of your dining records such as receipts or invoices, and get in touch with people who were dining there at the same time. If they had the same experience, you may be able to pursue a legal claim together. Getting medical tests may also be able to strengthen the evidence by showing the type of food poisoning from which you suffered.

If you have lost wages as a result of food poisoning in New York, it is important to look into the types of legal action you are able to pursue.