Is your hotel restaurant taking proper actions to avoid food poisoning?

About 48 million incidents of food-borne illnesses are reported in the US annually, which translates to 1 in 6 people who are victims of food poisoning. Out of all cases, 128,000 victims require hospitalization, and unfortunately, 3,000 succumb to the health complications that arise. 

What causes food poisoning, and what are your options if the food you consumed at a restaurant later makes you ill?

Causes and Symptoms of Food Poisoning 

Causes of food poisoning vary. Most arise from poor handling or storage of the food either in production or processing, causing contamination. Undercooked meals can also lead to food poisoning. Common causes include the following:

Bacteria and Viruses

Bacteria such as salmonella, which accounts for the majority of food poisoning cases, and viruses are the most common causes of food poisoning. They may arise if food is not stored within the required temperatures, is unclean, or is undercooked. Severity varies per individual depending on the type of pathogen and amount consumed, among other factors. 


Parasites, like tapeworms or roundworms, may make you sick. These often result from undercooked meats.

Molds and Fungi

Molds and other toxins may arise from a lack of proper storage or expired foods and can go unnoticed in the food prep process.


Allergies occur when your body’s immune system triggers an abnormal response upon consuming certain foods. An allergic reaction might be actionable if you had notified the restaurant beforehand. 

Food poisoning symptoms can be catastrophic and may include nausea, vomiting, stomach pains, fever, and dehydration. Long-term effects may be severe, such as kidney failure, liver damage, and even death. 

High-risk groups of food poisoning are children, pregnant women, and people with low immunity levels.

Can I Sue a Restaurant if I Get Food Poisoning?

Restaurants remain the biggest source of food illness outbreaks. If you are a victim of food poisoning from a restaurant, you can hold the establishment liable. 

Restaurants owe their customers a duty of care regarding the food served on their premises. This begins from sourcing to handling, and servings on your plate. When you fall ill from the food, it means that the duty of care owed to you has been breached and you can sue for damages.

You can also sue a restaurant if a sick employee contributes to your food poisoning. 

Getting food poisoning from a hotel or restaurant is legally actionable if the evidence supports a personal injury claim. For your case to hold water, three key elements must be evident:

  • You were diagnosed with the food illness by a qualified medical practitioner.
  • You ate food from the restaurant or from someone who got it from the restaurant.
  • Food poisoning caused you to harm physically, mentally, or financially. 

The most important part is proving that the restaurant is wholly responsible, thus legally at fault. Ensure you have the necessary medical documentation that points out the particular pathogen or reason for your food poisoning.

If other people who’ve visited the restaurant have been affected as well, and you’re part of the outbreak, your lawsuit and subsequent compensation stand a good chance. Should you have leftovers, don’t dispose of them yet, as they may come in handy should the court request a toxicology report. 

Get in Touch with a Personal Injury Attorney 

In case the restaurant is at fault, filing a lawsuit will expedite the settlement process. Getting in touch with an experienced personal injury lawyer will increase your chances of getting fair compensation. 

Bear in mind that the restaurant will try to dispute your claim because it pegs on their reputation. Having legal support will help you counter their fierce insurance attorneys.

If you have suffered food poisoning from a restaurant in Southern California, the lawyers at Kohan and Bablove have helped numerous victims as you get compensated.

Related article: 4 Ways Hotels Can Cater to 2021’s Food Trends

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About Are Morch

Hi, I am Are Morch. Your Digital Marketing Coach and Customer Experience Expert specializes in creating effective digital customer experience offer for hotels while growing and scale customer acquisition and revenue.

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