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334-333-3333Annually, millions are affected by foodborne illnesses, with the CDC reporting close to 3,000 deaths, 128,000 hospitalizations, and 48 million cases of sickness in the U.S. Many of these incidents stem from food poisoning at restaurants, often due to inadequate food handling practices. Pathogens such as Salmonella and E. coli are common culprits behind these severe illnesses and fatalities.
If you get sick after eating at a food establishment in Alabama, who pays your medical bills or other losses like missed pay? Learn when you can hold a restaurant responsible for food poisoning and how our Alabama personal injury lawyers at The Vance Law Firm Injury Lawyers can help.
In Alabama, if you get food poisoning from a restaurant, you have the right to take legal action—similar to dram shop laws that hold establishments responsible for serving too much alcohol to someone who then drives and causes an accident. If a restaurant’s careless food handling, preparation, or storage makes you sick, you might be able to claim damages for your illness.
Here are several scenarios where you might think about pursuing a civil lawsuit with the assistance of a lawyer:
To win a food poisoning case, you must prove specific legal elements. These show what caused your illness, connect it to the restaurant’s negligence, and the damages you suffered. Here’s a simple breakdown:
| Element | Description |
| Evidence of Foodborne Pathogens | You must present medical evidence showing you were infected by pathogens commonly associated with food poisoning. This often involves blood samples, stool tests, or tests on leftover food to identify specific bacteria, viruses, or parasites that cause illness. |
| Direct Link to the Restaurant | To establish a direct link, you need to prove that the food from the restaurant directly caused your illness. This requires providing evidence such as detailed receipts, orders, or statements confirming you ate at the restaurant shortly before getting sick. The timing of your illness should also match the known incubation period for the pathogen identified as the cause of your illness. |
| Proof of Negligence or Food Safety Violations | This involves showing that the restaurant breached its duty to maintain a safe eating environment. Proof can come from various sources, such as records of health inspection failures, photographic or video evidence of unsafe practices (improper food handling, storage, or cooking), or employee testimonies about non-compliance with food safety laws and guidelines. |
| Actual Damages Suffered | You must demonstrate that you incurred actual damages due to the illness. This includes medical expenses for treatment, lost wages from being unable to work, and non-economic damages such as pain and suffering. Documentation might include medical bills, pay stubs to prove lost earnings, and personal testimonies about the impact of the illness on your daily life and well-being. |
Suing a restaurant for damages related to food poisoning can be challenging. Obtaining the necessary evidence can require the help of a qualified attorney. The Vance Law Firm Injury Lawyers can do the following to bolster your claim and help you get compensation:
Falling ill from food at a restaurant can be a harrowing ordeal. It can leave you with ongoing health problems and destroy your trust in eating out.
The Vance Law Firm Injury Lawyers are committed to defending your rights and getting you fair compensation for what you’ve been through. Our team has the experience and resources to trace your illness back to the restaurant at fault and ensure the right people are held responsible.
Get in touch with us today for a free case review and learn your legal options.
