If you get food poisoning from a restaurant in California, you may qualify to receive compensation. Like other establishments, a restaurant has a duty to provide proper services and food to its patrons. To receive a monetary payment, it may be necessary to file a legal claim as well as properly document the incident. The experienced San Bernardino personal injury lawyers at LA Century Law can assist in navigating this niche area of the law.
Food Poisoning—A Serious Problem
The CDC estimates that 9.9 million people get food poisoning in the United States each year.
Approximately 53,300 people were hospitalized in 2024. In addition, food poisoning caused an estimated 931 deaths in the United States in 2024.
Safe food handling practices can help avoid foodborne illness. Food must be handled properly as it is:
- Cleaned
- Cooked
- Stored
- Separated (from other foods)
Symptoms of serious food poisoning include diarrhea for more than three days, bloody diarrhea, fever of 102°+, severe vomiting, stomach pain, and dehydration.
Understanding Food Poisoning Laws in California
California’s food poisoning laws fall under personal injury laws. The general basis of the claim is that the restaurant or another party is responsible for the person’s illness and injury.
Yes, you can get compensation for food poisoning.
A person who contracts food poisoning from a restaurant may seek compensation. If the restaurant is responsible for serving contaminated food, or if they allow food poisoning to occur in another way, they may be responsible for paying compensation to victims.
The injury should be serious enough that the person seeks medical attention. A claim may also be based on fatality.
Multiple legal grounds may be claimed
Restaurant food poisoning claims are civil claims. The person hurt brings the claim. A claim may be based on negligence or failure to take sufficient steps to keep restaurant patrons safe. In addition, a claim may assert strict liability based on the restaurant selling a dangerous product.
A case may assert all the appropriate grounds for compensation.
You must prove your case for compensation.
It isn’t enough to show that the restaurant handled food improperly. You must also show that the restaurant’s failure caused the person’s harm. Usually, this is done with both factual and medical evidence. The person explains what the restaurant did and how it caused harm. They then prove the appropriate amount of compensation.
A food poisoning lawyer can represent you.
A food poisoning compensation claim is a legal claim, and a food poisoning lawyer can represent you at all stages of the case. The work a lawyer does early in the case may be critical to preserving evidence. Your lawyer may pursue a settlement directly with the restaurant or take your case to court.
Common Causes of Foodborne Illnesses in Restaurants
- Cross-contamination
- Storing foods in the wrong way or at the wrong temperature
- Allowing food to sit out for too long, such as at a buffet or in warming trays at a fast food restaurant
- Serving undercooked food
- Employees failing to wash hands or wear gloves
- Improper food preparation surfaces and equipment
- Overall lack of sanitation
- Handling of raw or unpasteurized food or not washing produce
- Lack of splash guards
- Not heating food to the right temperature
- Poor dishwashing or tabling and handling dirty dishes
- Contaminated water
What causes food poisoning?
There are several pathogens most commonly responsible for foodborne illness and death, including:
- Norovirus
- Campylobacter spp.
- Salmonella
- Invasive Listeria
- C. perfringens
- Shiga toxin-producing Escherichia coli (STEC)
- Toxoplasma gondii
Bacteria, viruses, parasites, toxins, and chemicals may all be responsible for food poisoning.
Steps To Take if You Suspect Food Poisoning
If you suspect food poisoning, seek medical attention immediately. Report your suspicions to health officials. Follow your medical care plan. Talk to a food poisoning lawyer as soon as possible.
How To Prove a Restaurant’s Negligence in a Food Poisoning Case
Ways to prove a restaurant’s negligence may include:
- Writing down what you remember about the incident as soon as possible
- Saving your receipt and credit or debit card statement
- If possible, obtain a stool sample following the ingestion of the meal
- Making a report to health authorities, so they can investigate further (Local Environmental Health Department Links)
- Contacting other people who got sick around the same time (outbreak or trackback investigations)
- Holding discovery proceedings to learn the identities of employees and others with information
- Conducting interviews and depositions of employees
- Obtaining previous inspections and health violations
- Obtaining medical evidence that illness and injury is from the food
- Noting the timeline (symptoms usually present three to six hours after consumption)
Your healthcare provider will likely order tests, evaluate your symptoms, and conduct a medical examination.
Compensation Available for Food Poisoning Victims
Food poisoning victims may qualify to receive economic and non-economic compensation. They may recover medical expenses, lost income, and the cost of replacement household services. A person may be fairly compensated for physical pain, suffering, and emotional anguish. Compensation amounts vary by case.
The Role of Health Department Reports in Your Case
The health department can be important in proving food poisoning from a restaurant. They can investigate, conduct tests, and gather additional reports that can help prove your case. The goal of the health department is not to prove your case—it is to protect the public and prevent future outbreaks. Still, their work can be beneficial.
Examples of Food Poisoning Claims
- In 2002, reports of 133 hospitalizations prompted an investigation of Daily Harvest French Lentil + Leek Crumbles. Investigators found the product contained was contaminated with salmonella. The company has agreed to pay millions to victims, with settlement amounts varying based on the severity of the injury.
- A lawsuit was filed against McDonald’s because of an E. coli outbreak. The outbreak allegedly caused 49 illnesses. One victim reported gastrointestinal symptoms after consuming a Quarter Pounder. The U.S. Food and Drug Administration says that contaminated onions or beef patties may be to blame.
- A lawsuit has been filed against LongHorn Steakhouse because of dozens of cases of shigellosis among customers. The local health department investigated after receiving reports of illness from patrons.
Contact an Experienced San Bernardino Personal Injury Lawyer
If you or a loved one may have experienced food poisoning, contact LA Century Law. An experienced San Bernardino personal injury lawyer can help you claim compensation.
See if you can receive compensation for food poisoning from a restaurant in California. Contact us now.
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