Expired Food Lawsuit: When Can You Sue for Food Poisoning?

Food poisoning is a widespread issue, affecting an estimated 48 million Americans each year. Of those, 128,000 are hospitalized, and 3,000 die. If you’ve suffered from a foodborne illness, you might be wondering if you have grounds to file a lawsuit. While it’s possible to sue for food poisoning, it’s important to understand the legal aspects involved. This article explores when you can sue for food poisoning, focusing on cases involving expired food.

Understanding Food Poisoning and Liability

Food poisoning, also known as foodborne illness, occurs when you consume food contaminated with harmful bacteria, viruses, parasites, or toxins. These contaminants can enter food at any stage of production, from growing and harvesting to processing, storage, and preparation.

To successfully sue for food poisoning, you generally need to prove that:

The food you consumed was contaminated.
The contamination caused your illness.
The responsible party (e.g., restaurant, grocery store, manufacturer) was negligent or breached a warranty.
You suffered damages (e.g., medical expenses, lost wages, pain and suffering) as a result.

Expired Food and the Law

Selling expired food alone isn’t always enough to win a personal injury lawsuit. However, if a grocery store or other establishment sells expired food that causes you to become ill, they may be liable for your injuries. Liability can arise under different legal theories:

Negligence: This involves proving that the defendant (the store or restaurant) had a duty of care to ensure the food was safe, they breached that duty (e.g., by failing to remove expired products), and this breach directly caused your illness.
Strict Product Liability: In some states, like Colorado, sellers of defective products (including food) can be held liable even if they weren’t negligent. You only need to prove the food was contaminated when it left their control, it caused your illness, and you suffered damages.
Breach of Warranty: This argues that the seller provided an implied assurance that the food was safe to eat, and this warranty was violated when they sold expired, contaminated food.

Proving Your Case

Proving a food poisoning case, especially one involving expired food, can be challenging. Here’s what you’ll typically need:

Medical Records: A diagnosis of food poisoning from a doctor is crucial. Lab tests (stool, urine, or blood samples) can identify the specific pathogen causing your illness. Make sure testing is done before taking antibiotics, as they may kill the pathogen and make identification difficult.
Evidence Linking the Food to Your Illness: This can include receipts, credit card statements, or witness statements proving you purchased or consumed the expired food from the defendant’s establishment. If possible, save any leftover food for testing.
Proof of the Food’s Condition: Photos or videos showing the expired date or visible signs of spoilage can be helpful.
Expert Testimony: A food poisoning expert witness, with expertise in food safety, microbiology, or infectious diseases, can provide testimony to assist courts in understanding the science of foodborne pathogens, identifying liability, and evaluating damages.
Documentation of Damages: Keep records of all medical bills, lost wages, and any other expenses related to your illness.

The Role of Expiration Dates

It’s important to understand what food expiration dates actually mean. In the United States, except for infant formula, date labeling is not required by federal law. Many dates are related to food quality, not safety. The USDA defines common date labels as follows:

“Best if Used By/Before”: Indicates when a product will have the best flavor or quality.
“Sell-By”: Tells the store how long to display the product for sale for inventory management.
“Use-By”: The last date recommended for product use while at peak quality.

Despite these guidelines, it’s always wise to evaluate the quality of a product before consumption to determine if the product shows signs of spoilage.

Time Limits for Filing a Lawsuit

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. For food poisoning cases, the statute of limitations is typically two to three years from the date of the illness. It’s crucial to consult with an attorney as soon as possible to ensure you don’t miss this deadline.

Factors Affecting Settlement Amounts

Settlement amounts in food poisoning lawsuits vary widely depending on the specifics of the case. Factors that influence the amount of compensation you may receive include:

Severity of the Illness: More severe illnesses, especially those requiring hospitalization or leading to long-term health complications, will generally result in higher settlements.
Medical Expenses: The amount of your medical bills will be a significant factor in determining compensation.
Lost Wages: You can recover lost income from missed work due to your illness. In severe cases, you may also be compensated for loss of future earnings.
Pain and Suffering: You may be compensated for the physical pain, emotional distress, and loss of enjoyment of life caused by your illness.
Negligence of the Defendant: If the defendant was particularly negligent (e.g., knowingly selling expired food), this may increase the settlement amount.

Individual settlements for food poisoning lawsuits can range from a few thousand dollars, to sometimes over $500,000. In one Florida case, the highest settlement reached $6.7 million.

Recent Changes in Food Labeling Laws

To reduce confusion and minimize food waste, some states are implementing changes to food labeling laws. For example, California has passed a law that goes into effect in July 2026, standardizing the use of “Best If Used By” and “Use By” dates and banning “Sell By” dates.

Do You Have a Case?

If you believe you got food poisoning from expired food, consider these steps:

Seek Medical Attention: Get a diagnosis and lab tests to confirm the cause of your illness.
Gather Evidence: Collect receipts, packaging, and any other information that can help prove your case.
Consult an Attorney: A personal injury lawyer specializing in food poisoning cases can evaluate your claim, gather evidence, and represent you in negotiations or at trial.

While suing for food poisoning can be complex, it is possible to hold negligent parties accountable and recover compensation for your damages.