Sick After Dining Out? When You Can Sue a Restaurant for Food Poisoning in 2025

Dining out is a common and enjoyable experience, but it can sometimes lead to an unpleasant and even dangerous situation: food poisoning. According to federal estimates, there are over 70 million national cases of food poisoning every year. Almost a half-million food poisoning cases result in actual hospitalization, and nearly 6000 of these cases result in death every year. If you find yourself sick after eating at a restaurant in 2025, you might be wondering if you have grounds to sue. This blog post will explore the circumstances under which you can sue a restaurant for food poisoning, providing you with the information you need to understand your legal rights and options.

What is Food Poisoning and How Does It Happen?

Food poisoning, also known as foodborne illness, occurs when you consume food or beverages contaminated with harmful bacteria, viruses, parasites, or toxins. Symptoms can range from mild to severe and typically include nausea, vomiting, diarrhea, stomach cramps, and fever. In some cases, food poisoning can lead to dehydration, hospitalization, or even death.

Common causes of food poisoning include:

Bacterial contamination: Improper food handling, storage, or cooking temperatures can allow bacteria like Salmonella, E. coli, and Listeria to thrive.
Cross-contamination: Harmful bacteria can spread from raw foods to cooked foods if proper hygiene practices are not followed.
Inadequate cooking: Failing to cook food to the correct internal temperature can leave harmful bacteria alive.
Poor hygiene: Food handlers who don’t wash their hands properly can contaminate food.

Restaurant’s Duty of Care

Restaurants have a legal obligation to ensure the safety of the food they serve to their customers. This is known as a “duty of care.” Restaurants must adhere to strict food safety protocols to prevent contamination and ensure that food is safe for consumption. These protocols include:

Properly storing food at safe temperatures.
Cooking food to the correct internal temperature.
Preventing cross-contamination by using separate cutting boards and utensils for raw and cooked foods.
Ensuring that food handlers practice good hygiene, including frequent handwashing.
Maintaining a clean and sanitary kitchen environment.
Implementing a Hazard Analysis and Critical Control Points (HACCP) system to identify and control potential hazards.

When Can You Sue a Restaurant for Food Poisoning?

Not every case of food poisoning warrants a lawsuit. To successfully sue a restaurant for food poisoning, you generally need to prove the following elements:

The restaurant owed you a duty of care: This is generally easy to establish, as restaurants have a legal duty to serve safe food to their customers.
The restaurant breached its duty of care: This means the restaurant failed to meet the required food safety standards. Examples include improper food storage, unsanitary conditions, or failure to adhere to food safety regulations.
The contaminated food caused your illness: You must prove that the food you consumed at the restaurant was the direct cause of your food poisoning. Medical records are crucial in connecting the symptoms experienced by the victim to the food poisoning incident.
You suffered damages as a result of your illness: This includes medical expenses, lost wages, pain and suffering, and other related losses.

Proving Your Case

Proving a food poisoning case can be challenging, but here’s the evidence that can help:

Medical Records: These are crucial for documenting your illness, diagnosis, treatment, and any hospitalization required.
Food Samples: If possible, save any remaining food for testing to determine the source of contamination.
Receipts or Bills: Keep your receipt or bill from the restaurant as proof that you ate there.
Witness Statements: If others who ate at the same restaurant also became ill, their statements can strengthen your case.
Health Department Reports: If the health department investigated the outbreak and found violations at the restaurant, this can be strong evidence of negligence.

Legal Theories for Food Poisoning Lawsuits

Across the United States, two primary legal theories apply to food poisoning cases:

Negligence: This applies when someone’s carelessness leads to contamination. Examples include improper food storage, unsanitary restaurant conditions, or failure to adhere to food safety regulations. To prove negligence, you must be able to prove that the defendants were not reasonably careful (failing to exercise reasonable care) in either the processing, production, or distribution of the subject food product that made you sick. This would include negligence in the food inspection process as well.
Strict Liability: Food manufacturers and establishments are held accountable for selling unsafe products regardless of negligence. In strict liability cases, all you need to establish is that the food you ingested was contaminated and that the contamination was the cause of your illness. If you bring a strict liability lawsuit, you can literally sue anyone involved in the chain of commerce – specifically the manufacturer, distributor, supplier, and the supermarket or restaurant that sold you the tainted food.

Damages You Can Recover

If you successfully sue a restaurant for food poisoning, you may be able to recover compensation for the following damages:

Medical Expenses: Costs for doctor visits, emergency care, hospitalization, medications, and ongoing treatment.
Lost Wages: Compensation for time missed from work due to illness.
Pain and Suffering: Damages for physical pain and emotional distress caused by the illness.
Punitive Damages: In cases of extreme negligence or misconduct in food handling and preparation.

Settlement amounts for food poisoning lawsuits vary based on factors like illness severity, medical expenses, and lost wages. Generally, settlements can range from a few thousand dollars to over $500,000.

Steps to Take If You Suspect Food Poisoning

If you believe you have food poisoning after eating at a restaurant, take these steps:

Seek Medical Attention: See a doctor to get a diagnosis and treatment.
Report the Incident: Contact your local health department to report the suspected food poisoning.
Preserve Evidence: Save any leftover food, receipts, and packaging.
Document Everything: Keep a detailed record of your symptoms, medical expenses, and lost income.
Consult an Attorney: Talk to a personal injury lawyer experienced in food poisoning cases to discuss your legal options.

Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. Be sure to consult with an attorney to understand the statute of limitations in your state, as missing the deadline could prevent you from pursuing your claim.

Recent Outbreaks and Legal Actions

Recent food poisoning outbreaks highlight the importance of holding negligent parties accountable. For example, an E. coli outbreak linked to organic carrots affected 39 individuals across 18 states, resulting in 15 hospitalizations and one death. Similarly, a Salmonella outbreak tied to cucumbers led to 68 cases in 19 states. These incidents demonstrate the widespread impact of contaminated food and the need for legal recourse.

Food Safety Regulations in 2025

In 2025, restaurants must adhere to updated equipment and facility standards to ensure safe operations. Regulations specify that all food contact surfaces must be made of non-toxic, non-porous materials that are easy to clean and sanitize. Employee training and certification are also critical, with many states requiring food safety manager certifications to be renewed regularly. Restaurants must also maintain detailed records of temperature logs, cleaning schedules, supplier information, and employee training certifications.

Reporting Foodborne Illness

If you suspect you have a foodborne illness, it’s important to report it to the authorities. You can typically do this by contacting your local or state health department. By reporting the illness, you can help public health officials identify potential outbreaks and prevent others from getting sick.

Conclusion

If you’ve become ill after dining out in 2025, understanding your legal rights is crucial. While not every case of food poisoning leads to a successful lawsuit, knowing when you can sue a restaurant for food poisoning empowers you to take appropriate action. By gathering evidence, seeking medical attention, and consulting with an experienced attorney, you can protect your health and financial well-being while holding negligent parties accountable.