Can I Sue for Food Poisoning in Florida?Get a Free Consultation
Yes, you can sue a restaurant or food establishment in Florida if you get food poisoning after eating their food.
Florida follows common law negligence rules for personal injury lawsuits, which means the restaurant owes customers a duty of care to serve food that is safe for consumption.
If they breach this duty by serving contaminated food that makes you sick, you can sue for damages.
What Do I Need to Prove to Win a Food Poisoning Lawsuit?
To successfully win a food poisoning lawsuit in Florida, you must prove:
- Duty of care – The restaurant owed you a duty to serve safe, uncontaminated food. This duty exists for all restaurants.
- Breach of duty – The restaurant breached their duty by serving you unsafe food that was contaminated.
- Causation – The contaminated food served by the restaurant directly caused you to get sick with food poisoning.
- Damages – You suffered actual injuries and damages due to the food poisoning, such as medical bills, lost wages, pain and suffering, etc.
If you can show these four legal elements, you can establish the restaurant’s negligence and right to compensation.
What is the Statute of Limitations for Food Poisoning?
In Florida, you have four years to file a lawsuit for food poisoning negligence.
After this deadline, you’ll be unable to pursue compensation for your injury, so you should contact a food poisoning lawyer for a consultation as early as possible.
What Damages Can I Seek if I Win the Lawsuit?
If successful in the food poisoning lawsuit, you may be able to recover damages such as:
- All medical costs related to illness
- Lost wages from missed work
- Costs for pain, suffering, emotional distress
- Punitive damages in some cases
An experienced lawyer can help obtain full and fair compensation in your case. Suing can hold the restaurant accountable and also help prevent future illnesses from contamination.
What Are Common Causes of Food Poisoning in Restaurants?
Some of the most common causes of food poisoning in restaurants include:
- Improper food storage/holding temperatures
- Contaminated raw ingredients (E.coli, Salmonella, Listeria, etc)
- Poor employee hygiene and hand washing
- Cross-contamination from raw to cooked foods
- Improperly cooked foods allowing bacteria to survive
- Dirty food contact surfaces and equipment
Contact a Food Poisoning Lawyer at Vanguard Attorneys
At Vanguard Attorneys, our experienced foodborne illness lawyers know legal action may be furthest from your mind after suffering food poisoning.
However, retaining us can make all the difference in seeking proper restitution. Our lawyers have the expertise to prove negligence and causation – challenging elements in food safety cases.
Through a comprehensive investigation, we’ll pinpoint the source of contamination and build an airtight liability case, establishing how the restaurant breached their duty of care.
The legal team at Vanguard Attorneys manages the entire litigation process on your behalf. We’ll handle filing paperwork, communicating with the restaurant, and settlement negotiations, allowing you to focus on your recovery.
Our lawyers have decades of experience litigating food safety laws and regulations. We work with expert investigators to gather evidence and calculate damages, including medical bills, lost income, and incurred losses.
If the defendant refuses to offer a favorable settlement, our seasoned trial lawyers are fully prepared to take your case to court to win the compensation you deserve.
Don’t go it alone – contact Vanguard Attorneys for dedicated legal representation from expert food poisoning lawyers.
Together, we will hold negligent parties liable. Call today for a free consultation at (813) 471-4444.