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Can I sue for food poisoning?

Chicago, IL |

Me and my boyfriend had made reservations at rainforest cafe for our sons first birthday party. We would be there about 2hrs with a party of about 25 guests including ourselves. Everything went as planned and we were very satisfied until the next day when we got calls from guests stating that they had gotten sick and were throwing up including children and a senior who is still having stomach problems after a week of eating there. It turns out all the people that had gotten sick had ordered Burgers and Hotdogs. Can we do anything about this? It was terrible apologizing to people that we invited that had gotten sick.

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Attorney answers 6


The people who got sick can make claims. Maybe they should all get together with one lawyer to handle all. Some may not have big claims if they didnt need medical care and recovered quickly and completely.



The only one not fully recovered is the Senior that I know of..the rest (about 5 or 6) mainly children might have already recovered. If the older man goes to a Dr.. will this help his claim?

Robert Bruce Kopelson

Robert Bruce Kopelson


Yes and hopefully his health.


Contact local counsel, get appropriate medical attention, report to board of health. Feel better.

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff


What a terrible thing to have happened, and not the way you want to remember you son's first birthday. You may not have an action against the restaurant but everyone who got sick might. They should, preferably as a group. contact a local attorney who is experienced is food poisoning types of cases. Contact with restaurant management would also be suggested, preferably through the attorney. Good luck.


You should contact the Board of Health asap. Each sick person can consider hiring counsel to pursue a claim. Unles, you and your boyfriend became ill, neither of you can.

Mr. Padove is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Padove strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. If this information has been helpful, please indicate below. (219) 836 2200


Food poisoning is tough to prove. If anyone has a receipt proving what they had on what day, or saved some of the food particles (yes, it's gross, but it can be tested), that might help.

Tell your guests to all get medical tests and checked out and then all of you should go see a lawyer. For a group this large, it is best that everyone retain the same lawyer and acts in concert. Act quickly.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


Every person who got sick (and only those who got sick) has a potential case, and the cases will be stronger if they are handled together.

Your next step should be a private, confidential, free consultation with an experienced Chicago personal injury attorney. I am available to provide a free consultation by phone during business hours or by email at any time.

Steven A. Sigmond
Law Office of Steven A. Sigmond
345 N. Canal #1208
Chicago, IL 60606

(312) 756-1186

Steven A. Sigmond offers confidential fee consultations to anyone who has been injured in an accident or hurt at work. However, a free consultation is not legal advice. This answer is general information and should not be considered "legal advice." Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case.

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