Food Poisoning – Can I sue?
It’s an experience we all dread: you go out to a restaurant for what you hope is going to be a delicious meal only for you to get sick to your stomach soon afterwards. Did you suffer from food poisoning? If so, what can you do about it?
Food Poisoning
There are many factors at play in situations like these when considering whether to sue the restaurant for damages related to food poisoning. Often, food poisoning can be a short-term occurrence. If you recover from your illness in 24 hours, then it is clearly not worth pursuing any legal action. But what if you end up suffering a prolonged illness that may result in hospitalization? What if your illness lasts long enough where you are no longer able to work for a period of time? If there is a quantifiable income loss, this may be compelling enough grounds to sue the restaurant. Before you do, are you absolutely certain that your illness is the result of food poisoning? Be sure to retrace your steps in the last 24 hours to determine if something else could have caused your illness. Perhaps it was something you ate that was not at the restaurant.
A litigant could have a strong case if multiple people who ate at the same restaurant also suffer from food poisoning. It is then highly likely that a direct link can be made from the restaurant to the illness. In order to help your case, seek medical treatment immediately and be sure the doctor clarifies whether they believe the source of the illness is food poisoning and from what (for example, E-coli, salmonella, etc.). Also, be sure to keep your receipt from the restaurant. It can be evidence in your case so DO NOT LOSE IT.
If your food poisoning does lead to litigation, the courts will look at many different factors based on the restaurant’s conduct:
Was the food improperly prepared?
Was it not stored correctly?
Did the restaurant staff exhibit proper hygiene?
How does the restaurant manage waste control and pest control?
Is the layout of the kitchen improper whereby a sink or waste receptacle is in too close proximity to the food preparation?
Do the employees wear gloves when they are supposed to?
Are hairnets worn?
Are the employees washing their hands regularly?
DineSafe Inspection System
In Toronto, the DineSafe inspection system that is overseen by Toronto Public Health regulates how restaurants operate with respect to food preparation and service. They take a look at the restaurant’s history with inspections, which can indicate problems that may have been observed in the past. For example, while a restaurant may have a green “PASS” certificate posted in their window, maybe they received a yellow “CONDITIONAL” in the past because of a food safety violation. Maybe the restaurant even received the dreaded red “CLOSED” certificate because of something so terrible in its food preparation. The bottom line is that looking into the restaurant’s history with Dinesafe can be of some assistance when trying to make a case of food poisoning.
If we look at the Canadian courts, we can find a high-profile case involving food poisoning. In a 2012 class action suit against XL Foods Inc., 18 people tested positive for E-Coli from the beef produced by this Alberta-based company. More than 1.8 million kg of beef had to be recalled and the class action settled for $4 million.
The Takeaway
So, what is the takeaway from all of this? If you get sick, it is best to first wait it out. If you recover quickly, consider yourself lucky. Perhaps avoid eating at that establishment again. If your sickness is long-term, understand that you could be in for a long battle. Have strong evidence such as detailed medical records, your receipt from the restaurant, and other documented cases of food poisoning from the same establishment. Bon Appetit!
