Can I Sue a Restaurant for Food Poisoning?

You can sue a restaurant for food poisoning if you can show that your illness was caused by the restaurant’s negligence. This is usually much easier to prove if a number of people fell ill after eating at the same establishment.

Can I sue a restaurant for food poisoning Canada?

Personal injury law in Canada states that you can pursue a claim for damages if you have been wrongfully injured because of another party’s negligence. This means you can sue a restaurant for food poisoning in Canada if you fell ill because the restaurant failed to take proper care. ‘Proper care’ includes adhering to food hygiene standards and other regulations.

Is it easy to prove food poisoning?

Tests can show what type of infection you have – be it salmonella, E. coli, listeria or something else. However, proving where you contracted the illness can be very difficult, as the symptoms may start hours or days after consuming the contaminated food product. While you may suspect what caused it, this can be hard to confirm.

Foodborne illness outbreaks

The exception is where there is an outbreak or cluster of food poisoning. This is when multiple people get sick after dining at the same establishment, or eating the same food product. This makes it much easier to trace the source of the illness. Investigators can then assess the restaurant and their food to confirm the cause.

Can I get compensation for food poisoning?

You can get compensation if you suffered harm because of a restaurant’s negligence. In reality, it will not be worth your while to pursue a claim if you experienced a very short illness which had little impact on your life. But where a case of food poisoning causes you serious harm – such as hospitalization or a significant loss of earnings – then you should talk to a lawyer.

Should I get a lawyer for food poisoning claim?

If you have developed food poisoning after eating at a restaurant and you want to make a claim, your first step is to contact a personal injury lawyer. Our Vancouver personal injury lawyers represent clients across British Columbia. We can advise if you have grounds to make a food poisoning claim. Where multiple people are harmed, this might be a class action lawsuit.

How do you win a food poisoning lawsuit?

To win a food poisoning lawsuit, you must prove that:

  1. The restaurant failed to take proper care
  2. The actions of the restaurant caused you to suffer food poisoning
  3. Your food poisoning caused you injury, such as physical, psychological or financial

Our Vancouver personal injury lawyers know what it takes to win a food poisoning lawsuit. We will instruct medical experts to analyse your case, helping us to prove a link between your illness and the restaurant in question. We will also set out the full extent of your losses, including your financial losses.

What happened at Delight Restaurant and BBQ?

A restaurant in Markham, Ontario, was recently at the centre of a mass poisoning that saw 12 people fall ill, four of whom were admitted to intensive care. Investigators went to Delight Restaurant and BBQ and found aconite in one of the spices. Aconite is a substance found in the Aconitum plant, and is sometimes mistaken for ginger powder.

This echoes a similar event that happened in B.C. in March 2022. Two people presented to hospital after consuming sand ginger powder that had been purchased from Burnaby’s Crystal Mall. Authorities suspected that the product contained monkshood powder, which is the common name for the Aconitum plant.

When is a restaurant negligent?

In these cases, the negligence may be attributed to the manufacturer of the spice product, as opposed to the restaurant. Ordinarily, a restaurant will be deemed negligent if one or more people fall ill because of:

  • Poor hygiene standards
  • Incorrect storage of food
  • Preparing food carelessly
  • Cross-contamination of meat products
  • Not cooking food properly
  • Serving food that is past its sell by date

Contact us now

If you have developed food poisoning after dining at a restaurant, or after eating takeout, please contact us at John Mickelson Law Corporation. You are entitled to compensation if your injuries were serious, and we can establish a link between your illness and the restaurant.

To speak to our Vancouver personal injury lawyers, either fill in the free online enquiry form or call us at 604 684 0040.

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