Can You File A Claim For Food Poisoning In Las Vegas?

chefs preparing food at restaurant
Madeleine Jones
December 15, 2020

Even if severe food poisoning cases have decreased in the United States over the years, the CDC says there are stills around 128,000 people hospitalized because of foodborne illnesses annually and 3,000 fatalities. As personal injury lawyers, we want you to learn about the basics of food service safety, who can be held liable for food poisoning, and how to seek compensation for it. With decades of experience, we can help you get the compensation you deserve.

chef plating food

Can A Restaurant Be Liable For Food Poisoning in Nevada?

The short answer would be yes. A restaurant can have liability in a food poisoning case in Nevada. Foodservice businesses have high legal obligations to serve food that is safe for humans to consume. Whenever a restaurant serves food that causes an illness, it can be held liable for the damages that it caused. Under theories of product liability, negligence, and premises liability, a restaurant may be held responsible for food poisoning in Nevada.

Common Food Poisoning Causes

The most common causes of food poisoning are the following:

  • Parasites
  • Bacteria
  • Norovirus
  • Viruses
  • Toxins
  • Mold
  • Salmonella
  • E Coli
  • Contaminants
  • Legionnaires Disease

Product Liability and Food Poisoning

We mentioned one of the legal theories that can hold a restaurant liable for food poisoning is product liability. Product liability attaches to any restaurant or company that creates and sells products that are defective. The companies that create food products have very high standards they have to meet to ensure they are safe for consumption.

If a restaurant sells contaminated food, the liability that may be attached to them can be strict liability. This means that it doesn’t matter if the restaurant took reasonable steps to ensure the products were safe. But as a producer of food, the restaurant faces liability whenever their food causes food poisoning.

Premises Liability and Food Poisoning

Premises liability theories state that a restaurant owner has the obligation to maintain the premises safe for guests. This type of liability can attach liability to the owner if they fail to take the steps necessary to keep their premises safe. Since restaurant patrons benefit the restaurant owners, the restaurant has a very high duty of care when it comes to their premises. This may include making sure the food is safe by conducting safety inspections.

The standard of care might be very high, however, it’s not considered a strict liability. This means that the restaurant may not be liable under the premises liability law if they did everything in their power to keep the food safe. 

You need to consult with an experienced personal injury lawyer to help you determine if premises liability law applies to your claim or not.

Negligence and Food Poisoning

Negligence happens when a person fails to comply with their legal obligation to act carefully and reasonably. This type of claim can be based on negligence. As mentioned above, a restaurant has to take reasonable steps to keep their food safe. 

Negligence is the all-embracing theory that applies to food poisoning at restaurants because that encompasses any and every failure to act reasonably in any circumstances.

However, it is the legal theory with the lowest standard. Your personal injury lawyer can help you figure out how to assert a successful claim.

Bringing a Food Poisoning Lawsuit In Nevada

You can match with multiple theories of liability for a food poisoning case. You might be able to include product liability, premises liability, and negligence, or a combination of these theories.

If you or someone you love suffered from serious food poisoning caused by someone else’s negligence, it is a good idea to consult with a personal injury attorney to explore your options. Depending on the severity of the illness, you may be able to recover financial compensation from the restaurant owner, the people who handled your food, or even a company that sold the defective product.

How Do I Prove My Food Poisoning Case?

There are a number of things to need to do to bring a food poisoning claim for compensation:

  1. Show the connection between unsafe food and your physical injuries. You need to prove you went to that restaurant. Show any receipts or credit card statements.
  2. Any photos you might have taken can help show you were in the restaurant. If your phone has GPS, you could print the GPS record to show you were there that day.
  3. Get witnesses. Any person that was at the restaurant when you were there can help to prove that you were there and consumed the food. 
  4. Video surveillance. Your lawyer can help you obtaining video surveillance that the restaurant might have.
  5. Collect medical records and bills. Show what harm happened to you.
  6. Gather pay stubs that can show any lost wages.

Food Poisoning Lawyers in Las Vegas

If you suffered food poisoning in Nevada, our legal team at Cogburn Law can aid you. Our lawyers can help you with evaluating your case, investigation, and asserting your claim for compensation. The main thing is to prove how your food got contaminated, how you got sick, and the harm you suffered. We will be here with you every step of the way. Call us at (702) 748-7777 for a free consultation.

Do you want to learn more about the personal injury claim process? Add your email below and we will send you our guide free of charge. It includes useful tips on things to avoid when going through a personal injury claim and how you can give yourself the best chance of winning it.

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