Can you sue? Sure, nothing prevents you from walking into a courthouse and filing a lawsuit.
SHOULD you sue? Well, what are your damages? Imagine yourself as a juror - what would you give someone with food poisoning? A couple hundred bucks? Odds are that it will cost you a couple hundred dollars to file a lawsuit....leaving you with little to no actual recovery.
If your damages are more substantial - medical bills, lost wages, etc., it might be worth you time to consult with an experienced trial attorney who could counsel you on the pros and cons of filing a lawsuit.
Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.
Mr. Sauter told it like it is.
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As above responses indicate, it might be worth considering filing suit if you have documentable damages such as medical bills and lost earnings. Many attorneys will not take a case like this unless you have damages which run at least a few thousand dollars.
This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.
Yes, you can sue for food poisoning. The reality is that unless you went to the hospital and received medical treatment, the claim wouldn't be worth much, however, you should at least get a free consultation with a food poisoning lawyer in your state to discuss. You can google "food poisoning lawyer" and your state to find one, or retain a personal injury lawyer from Avvo in your state.
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The federal government recently published some food poisoning data that can be expected to be used aggressively and effectively by food vendors in these kinds of cases. The FDA now says that "food poisoning" takes a specified number of days/weeks to manifest by gastric symptoms, based on the specific character and nature of the foodstuff.
In my view, a plaintiff who does not have an expert prepared to give expert scientific opinion based on testing on the causation issue in these kinds of cases is a plaintiff wasting his/her time, effort and money.
My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.
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