If you suffer food poisoning or otherwise fall ill because of the insect in your food, then you may be able to sue the restaurant. However, you must show that your illness was caused by the insect in your food in order to recover damages for food poisoning. Illness or injury arising from the mere presence of an insect in one's food is rare and extremely difficult to prove.
You may not recover damages for emotional distress without any evidence of physical injury. Moreover, many lawyers are hesitant to take a case based solely on emotional distress because the amount of damage can be relatively small.
Generally finding an insect in your food does not give you a basis for bringing a lawsuit.
However, if you have suffered food poisoning as a result of an insect or bug in your food, seek immediate medical attention and then consult an experienced products liability attorney. An experienced attorney can help you recover your costs associated with the poisoning, such as lost wages and medical expenses.
Last Modified: 03-04-2018 11:08 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.