Food poisoning.

Asked about 2 years ago - Washington, PA

I ate at taco bell last night and now I've got food poisoning. I plan on going to the hospital just to make sure I do have it, but I've had it before and it's the same symptoms. Now if I find out it is, what kind of legal action should I take? I never sued anyone before

Attorney answers (3)

  1. Charles Joseph Michael Candiano

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . And you won't now. If your entire damages are the cost of the meal and a day's missed work, that will not justify a lawsuit. If you are in need of emergency medical care, by all means go to the hospital. If you simply want to confirm the diagnosis of food poisoning, consider stopping by your family doctor or clinic for 1/3 or 1/4 the charge.

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  2. Charles Anthony Rick

    Contributor Level 15

    Answered . Yah, your best bet here is to follow the other attorneys advice. I highly doubt even the newest attorney would take on a case like this simply because there are not enough damages to justify an attorney getting involved. Unless the food poisoning was intentional (which it was likely not), then you'd be limited to the cost of the meal (maybe) and the medical costs, and the missed time from work (maybe), if they were found liable. Even if you take the receipt back to Taco Bell and copies of the medical records, you don't exactly have evidence to prove that it was taco bell that caused the food poisoning.

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  3. David J. McCormick

    Contributor Level 20

    Answered . Given your minor symptoms it is going to be hard to get an attorney to handle your case. I would definitely go to your regular doctor for the tests, and you should also contact your local health inspector and report the incident if the tests come back positive for food poisoning.
    If you want a refund for your meal and/or another free meal then take your receipt and the test results back to a Taco Bell and ask to speak with the manager.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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