Yes, you can sue for compensation if you have proof that food sold by the restaurant made you sick. To win a lawsuit, you will need to prove three things:
If a health department has told you that you are part of an outbreak, you most likely have a case.
The first thing you need to do to protect your legal rights is make sure your stool sample has been tested to determine the specific pathogen that made you sick, for example, E. coli O157 or Salmonella. Individual cells of these pathogens then need to be sent to a special laboratory for genetic testing, the results of which are crucial evidence. Use our free consultation form to contact us, and one of our lawyers can talk with you about the lab work you need done. You may also need to ask them about leftovers you think may have caused your illness.
Most lawyers do not handle these case on a regular basis. We do, and we know what these cases are worth. Some of our law firm’s settlements and verdicts include the following:
Foodborne illness can be catastrophic. Many of the cases we handle involve permanent damage to the brain, kidneys, heart, lungs and pancreas from severe complications like kidney failure from hemolytic uremic syndrome (HUS), stroke, heart attack, pancreatitis, colitis (sometimes bad enough that part of the colon needs to be removed), meningitis and reactive arthritis.
Our lawyers, the Bad Bug Law Team, help people sickened by contaminated food get compensation and justice.
Filing a restaurant lawsuit tells the company that owns the restaurant that you mean business and that you have sufficient evidence to prove your personal injury or wrongful death claim. Also, it lets the company know that you have experienced lawyers working for you because we are one of the few law firms in the United States who handles a significant number of these cases each year.
Once our lawyers file a suit on your behalf, they can take legal steps to obtain relevant corporate and health department documents. Without a lawsuit, we cannot force them to share any information. In addition, we can interview restaurant employees, corporate executives and others to get additional information. Our goal is to get you answers, compensation and justice, and a lawsuit is often the only way to do that.
You may have an opportunity to be on television news programs or interviewed by newspaper reporters. By doing this, you can help educate people about the dangers of unsafe food. Several of our clients have been strong voices for food safety, providing compelling testimony to Congress that resulted in new food safety laws.
If you and at least one other unrelated person got food poisoning after eating at the same restaurant, you may be part of a food poisoning outbreak linked to that restaurant. In many outbreaks linked to restaurants in this way, the specific menu item that made the people sick is never determined. Even so, the people sickened in the outbreak have been able to get settlement payouts from the company that owns the restaurant. Because of this, your being part of an outbreak helps you get compensation. Our food poisoning lawyers have won money for many clients sickened in outbreaks.
Your local health department may let you know if you are part of an outbreak.
If you are seriously ill with food poisoning symptoms, your doctor will most likely send a blood, stool or urine sample in for testing to determine what pathogen (bacteria, virus or parasite) made you sick.
The following are some of the pathogens that can contaminate food and cause illness or wrongful death:
If your doctor says you have food poisoning, ask if he or she will do further testing to determine if one of the pathogens above caused your illness.
Bacteria have DNA fingerprints that can be determined with processes called pulsed-field gel electrophoreses (PFGE) and whole gene sequencing (WGS). When someone is diagnosed with Campylobacter, E. coli, Salmonella, or another bacterial pathogen that can cause food poisoning, health officials can send cells of the bacteria found in the patient to get that cell’s DNA fingerprint, called a pattern.
If the same bacterial pathogen is found in the restaurant (in food, on equipment, etc.), PFGE or WGS testing can also be done on bacteria found in the restaurant. If the DNA patterns from you and the restaurant match, this is “smoking gun” evidence that the restaurant caused your illness.
We highly recommend that you only hire a lawyer who has used PFGE and WGS patterns as evidence to win money for clients. If you have questions about PFGE and WGS, you can as our lawyers. Every lawyer in our law firm has used this kind of evidence to win cases.
Some outbreaks are caused by a sick employee. In many of these outbreaks, an ill food worker transmits the illness either directly to food or to surfaces that come into contact with food. This means that many different foods served by the restaurant may be contaminated rather than just one product. People who get sick in these outbreaks most often consume this adulterated food, and they generally have the right to sue the restaurant. Our lawyers have successfully handled many cases like this.
In any case, whether you get food poisoning from the restaurant environment or from contaminated food directly, you should contact an attorney to find out if you have the right to sue for compensation.
Leftovers are sometimes tested to find out if they are contaminated. In some outbreaks, local health officials have gathered leftover food suspected of being the source of an illness. For this reason, it is extremely important that you talk to a lawyer before throwing out leftover food from a restaurant.
The New York State Department of Health is working with the Essex County Department of Health on an investigation of gastrointestinal illness associated with Bodette’s BBQ, according to health officials, who are testing clinical specimens from people sickened and environmental samples. The testing is being done at Wadsworth Center, the NY State Department of Health laboratory. The results of this should shed some light on what caused these illnesses. Our law firm has been contacted by a person sickened in this outbreak.
Cafe Med and Back Bay Sandwich in Boston were linked to Salmonella poisoning. Both restaurants, located at 31 Saint James Avenue, had their permits pulled on May 18, 2017.
Our law firm has filed a lawsuit against Chicken and Rice Guys for E. coli. Our client is one of at least 15 people sickened in an outbreak associated with eating food from a Chicken & Rice Guys (CNR) truck or restaurant. At least 15 people were sickened, 9 of them people from Boston. Attorneys Brendan Flaherty and Ryan Osterholm filed the suit on April 18. To contact Brendan and Ryan about a lawsuit for compensation, call 1-888-377-8900 (toll free). Please note that this is not a class action and that our national food safety law firm files individual suits on behalf of people sickened in outbreaks. If you have questions about this, please ask Brendan and Ryan during your free consultation.
Attorney Ryan Osterholm is representing a man who was diagnosed with Salmonella after eating at Duffy’s Bar and Grill in Osseo, Minnesota in 2017. Ryan’s client is one of 5 people whose Salmonella Enteritidis infections may be associated with Duffy’s, according to the Minnesota Department of Health (MDH), which is investigating the outbreak.
Our law firm is representing people who were was diagnosed with Salmonella after eating at the MOOO restaurant located in Boston’s XV Beacon Hotel early in 2017, and attorneys Brendan Flaherty and Ryan Osterholm are representing this person. There are at least 7 others from Massachusetts who may have been sickened. It is possible that people from other states were also sickened in this outbreak. If you were sickened, submit the form below or call 1-888-377-8900 (toll free).
Pritzker Hageman attorneys Ryan Osterholm and Brendan Flaherty filed a lawsuit on September 27, 2016, against Pappas Restaurants, Inc., owner of Pappadeaux Seafood Kitchen in Phoenix. The suit was filed on behalf of a woman who contracted a Salmonella infection after eating at the Pappadeaux Seafood Kitchen located at 11051 North Black Canyon Highway, Phoenix, Arizona 85029.
On July 8, 2016, our law firm filed a lawsuit against Carbòn Live Fire Mexican Grill in Chicago on behalf of a client who is part of an outbreak that has sickened at least 50 people. We are also representing several other people who were diagnosed with E. coli after eating at the Carbòn located at 300 W. 26th Street.
On March 17, 2016, Ryan Osterholm filed the first lawsuit against Pizza Ranch on behalf of the family of S.S., a little girl from Kansas who was sickened in an E. coli outbreak associated with eating at a Pizza Ranch restaurant. Our young client is one of 13 people from 9 states sickened in the outbreak: Iowa, Illinois, Kansas, Minnesota, Nebraska, New Jersey, North Carolina South Dakota, and Wisconsin.
Attorneys Brendan Flaherty and Ryan Osterholm filed a lawsuit against Chipotle for a client who was par of an outbreak in October and November of 2015 that sickened over 20 people in Washington and over 10 in Oregon. The suit involves the Chipotle at 7715 NE 5th Avenue, #109, Vancouver, Washington.
In September of 2015, seventeen Chipotle restaurants in Minnesota were associated with Salmonella Newport, according to the Minnesota Department of Health. Locations involved to date are the following: 7 Corners (in Minneapolis near the University of Minnesota), Bloomington, Calhoun, Crystal, Hopkins, Maple Grove, Maplewood, Minnetonka, Richfield, Ridgedale, Rochester, Shoreview, St. Cloud, St. Louis Park, St. Paul Lawson, Uptown, and US Bank Plaza (Minneapolis).
Attorneys Ryan Osterholm and Brendan Flaherty filed a lawsuit against Red Lobster on September 7, 2015, on behalf of a child who allegedly ate at the restaurant located in Oakdale, Minnesota, and then was diagnosed with a Salmonella Poona infection. The lawsuit alleges that the child’s case is one of hundreds linked to cucumbers distributed by Andrew & Williamson. The firm also has other clients sickened in the nationwide outbreak, which prompted a cucumber recall. Read about the first Red Lobster lawsuit filed for tainted cucumbers.
An outbreak of E. coli O111 infections in 2014 were linked to 9 Applebee’s Neighborhood Grill and Bar restaurants in Minnesota. At least 15 people were infected in late June and early July, 2014. The investigation found evidence that green, whole head cabbage was the source.
The Subway in Buena Vista, Colorado was associated with norovirus infections in 2014. Chaffee County Public Health was contacted by people claiming illness in November of 2014.
In 2013, 227 people contracted Cyclospora infections after eating at various Olive Garden and Red Lobster locations in Iowa and Nebraska. The FDA and CDC determined that salad mix from Mexico was the source of the outbreak. The salad mix was processed by Taylor Farms de Mexico.
In January of 2013, at least 23 people were sickened after eating at Old Country Buffet in Maple Grove, Minnesota. Eleven of these tested positive for a genetically indistinguishable strain of Salmonella Enteritidis.
Our law firm is representing people sickened in outbreaks linked to restaurants. Please note that these are individual, not class action, lawsuits. Ask our lawyers about this during your free consultation if you have questions.Free Consultation with a Lawyer