Legal Corner: Food Poisoning; Can I Sue?

QUESTION: I’m sure I have food poisoning. I was taken to the hospital and they took care of me. Now, I’m stuck with the medical bills and I missed time from work. Can I sue?

ANSWER: In order to be successful in this type of lawsuit, you have to show fault, causation and damages. In the scenario you presented, you have damages; both the medical bills and lost wages (missed time from work) and pain and suffering. To show fault, ask yourself what did the food seller/processor do wrong? To show causation, ask yourself if the fault caused the food to become contaminated, and the contaminated food caused the illness.

The Virginia Supreme Court in the Bussey case said:

In the context of unwholesome food, the proof necessary to sustain a cause of action based upon negligence or breach of warranty is the same. "[T]he burden requires the plaintiff to show '(1) that the goods were unreasonably dangerous either for the use to which they would ordinarily be put or for some other reasonably foreseeable purpose, and (2) that the unreasonably dangerous condition existed when the goods left the defendant's hands.' "... The implied warranty of wholesomeness applies to the sale of food by restaurants. ...With regard to proximate causation where there is no direct proof, the circumstantial evidence must be sufficient to show that the causation alleged is "a probability rather than a mere possibility." [Citations omitted].

In the best situation, you would have saved some of the food and put it in your freezer. You might also consider contacting the local health department, which may cause an inspection of the premises. Their report could be helpful.

Note: The information in this column are opinions and are not meant to give legal advice.

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