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Dirty Restaurant Liability

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Dirty Restaurant Liability

Restaurants will do all they can to try and maximize profits. This mindset can sometimes cause restaurants to cut corners in their sanitation and jeopardize the quality of their food.

What to Do If Harmed by a Dirty Restaurant?

You can do a number of things if you feel you are a victim of dirty dining.

  1. File complaint with the FDA. Restaurants are required to meet certain safety and sanitary standards. If you had an unsavory experience at a restaurant you can bring it to the attention of the FDA who will be responsible for investigating the problem.
  2. Sue the Restaurant

What I Need for a Successful Lawsuit

If your dirty dining experience resulted in food poisoning, you might have a good legal case against the restaurant. However, there are a number of important requirements for a successful case:

  • A lawsuit must generally be filed within a statutory period (can be as short as 1 year)
  • To prove negligence on the part of the restaurant you must establish:
    • Defendant restaurant owed a duty to injured Plaintiff
    • Defendant breached duty by serving contaminated food
    • Plaintiff became ill as a result of that food
    • Food from the Defendant was the direct cause of injury

The most important and sometimes difficult aspect will be establishing that the food poisoning was caused by the defendant and not mere coincidence. The best way to prove this is through food samples that can be tested for contaminants. However, usually such food samples are not available and the case must be resolved through circumstantial evidence such as expert or lay witnesses who can connect the dots.

Should I Sue?

This is a complicated question, but depending on the circumstances of the case, the answer might be yes. Restaurants will carry general liability insurance, so it is possibly to collect a judgment even if the restaurant is not financially well off. It is best to get in touch with a qualified personal injury lawyer that will be able to guide you in the right direction.

Photo of page author Peter Clarke

, LegalMatch Content Manager

Last Modified: 10-03-2016 09:28 PM PDT

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