If you eat at a restaurant in Las Vegas and suffer from food poisoning, can you file a lawsuit against the restaurant for your injuries? Certainly, there is a precedent for Las Vegas visitors and residents filing claims against Nevada food establishments after getting sick, according to an article in the Las Vegas Sun. What do you need to know about filing a food poisoning claim?
When it comes to food poisoning cases, a plaintiff can use a couple of different theories of liability. Generally speaking, product liability law typically forms the basis for most foodborne illness claims. To file a food poisoning lawsuit under a theory of product liability, a plaintiff typically will argue that she was sold a defective product for consumption—in cases of food poisoning, the defective product is the contaminated food—and that the defective product caused her injuries.
Depending on specific facts of your case, you may be able to argue that the restaurant is strictly liable for your injuries. Strict liability for cases involving defective products means that a plaintiff does not have to prove that the restaurant was negligent. Instead, she only needs to show that the restaurant served the contaminated food that caused her foodborne illness in order to hold the establishment strictly liable. In some cases, a plaintiff might also file a negligence claim. When you argue that a restaurant was negligent and thus is responsible for food poisoning injuries, you will need to show that the restaurant did not exercise reasonable care when it made the contaminated food product or when it served this product to you.
Food poisoning, or foodborne illness, can have serious and even fatal consequences. According to the Mayo Clinic, food poisoning results from infectious organisms that contaminate food. Typically, these infectious organisms are bacteria, viruses, and parasites. While the Mayo Clinic emphasizes that most food poisoning cases are relatively mild and resolve themselves in a few days to a week, some foodborne illness victims can require hospitalization to prevent severe complications.
Who is at greatest risk for serious complications from foodborne illness? Infants, older adults, and anyone with a suppressed immune system or a chronic illness should seek immediate medical attention. For such persons, dehydration brought on by Listeria monocytogenes or Escherichia coli (E. coli) can be fatal if not properly treated.
If you suspect you have been food poisoned, you should discuss your case with an experienced Las Vegas food poisoning lawyer. You may be eligible to seek compensation for your injuries. Contact the Ladah Law Firm today to discuss your options.