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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > Have You Suffered Food Poisoning?

Have You Suffered Food Poisoning?


If you have suffered food poisoning after eating at a restaurant or other venue, you know how serious it can be. Far beyond being merely unpleasant, severe food poisoning can result in dehydration, causing organ damage, cardiac episodes, and even death. If you contracted food poisoning and suffered serious harm as a result, including hospitalization or long-term consequences to your health, you may be able to sue to recover for the damages that you have suffered. Food poisoning cases can be challenging to prove. This is generally because it can be hard to definitively establish that the symptoms were caused by poisoning from food provided by the liable party. However, if the CDC or government has issued a warning about a certain food being contaminated, or if many people ate at the same venue and contracted similar symptoms, this element will be easier to establish. Ultimately, the best way to know whether you have a claim for food poisoning is to talk to an experienced Cobb County personal injury attorney. If you would like personalized feedback based on your individual case, contact Hawkins Spizman Trial Lawyers to schedule a free consultation. 

When Can I Sue for Food Poisoning?

In order to have standing to bring a personal injury lawsuit, you must be able to demonstrate that you suffered financial damages as a result of the harm. Generally, if you did not require medical care or hospitalization, your injury will not rise to the threshold required by the court, even if you did spend all night in the bathroom. Damages awards for food poisoning can tend to stick close to the actual costs incurred unless there was serious or long-term harm that occurred as a result. For instance, if someone suffered brain damage or the bacterial infection from the food caused physical disfigurement, these instances would result in significant damages awards.

Damages for Food Poisoning Lawsuits

In addition to reimbursement for past and future medical care for any harm resulting from the food poisoning, you can also pursue compensation for pain and suffering caused by the food poisoning. If the liable party was reckless, negligent, or malicious in procuring, producing, or providing the contaminated food, or made any attempt to conceal the contamination rather than remedying the issue or notifying patrons to avoid harm, punitive damages may also be appropriate.

Schedule a Consultation

If you or a loved one have suffered serious injuries or illness after eating at an establishment in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, Sandy Springs, or the greater Georgia area, Hawkins Spizman Trial Lawyers can assess the facts and circumstances of your case to determine the best course of action and fight to get you the compensation that you deserve.

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