Do I have a case for food poisoning?

Asked over 2 years ago - New Albany, IN

My whole family ate at a Rally's restaurant on Halloween night & we all got food poisoning! 5 people in 2 different households were sick! Rally's was the only shared meal that we had within the 72 hour range. I have confirmed reports from the health department that states we had Norovirus & that it came from the same strain. Norovirus is transmitted through feces! We ate food that had been contaminated by another person's feces!!

I have tried to contact corporate over 20 times on this & they keep on telling me that the issue has been escalated to someone who can properly address it & I will receive a call back in 24-48 hours. I have yet to receive any call back! They are avoiding me big time & I am beyond pissed!!
My husband missed 2 days of work due to this & my father spent the weekend in the hospital! He has a $15,000 hospital bill & my disabled parents are now expected to pay almost $10,000 dollars of that back!!!

I have been told that the insurance company will contact me. Which they haven't!
What are my legal options here??
On a side note: I still have a leftover hamburger from the night in question.

Attorney answers (4)

  1. 5

    Lawyers agree


    Answered . I am sorry that yur family has suffered so much, and that the suffering has been increased by the frustration of corporate indifference. Be sure to preserve the hamburger and do not under any circumstances give the burger to Rally's or their insurer. You need to contact an injury victim!s lawyer as soon as possible.

  2. 5

    Lawyers agree


    Answered . you may very well have a claim. i would get an attorney right away to
    investigate. good luck

  3. 5

    Lawyers agree


    Answered . It is against an insurance companies nature to vulontarily do the right thing. You should consult with a good personal injury attorney who can evaluate the facts and advise you regarding your rights.

    Good luck.

  4. 1

    Lawyer agrees

    Answered . I agree with the other attorneys. You may very well have a claim. MAKE SURE THAT YOU PRESERVE THE FOOD. You will need an attorney to get the full value of this claim. The insurance company will not pay you what you are owed. Should you have any questions please feel free to contact our office at 1-800-636-0808. Our attorneys have over 75 years of experience. Visit us at We have recently posted an article on food poisoning cases that you might find interesting. Please see the article.

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