You may have been anticipating the meal you were going to share with your friends and family at a restaurant. So it is unfortunate if you receive food poisoning after your dining experience. Read on to discover whether you can sue a restaurant for food poisoning and how a seasoned Toronto restaurant accident lawyer at Merricks Law Group can help you explore your legal options.
Can I sue a restaurant if I get food poisoning?
The short answer is, yes, you may be qualified to sue a restaurant if you get food poisoning. To elaborate, you may have to prove the following points as true for a valid case:
- You contracted food poisoning from the food you ate at the restaurant or from an employee at the restaurant.
- You received a diagnosis of food poisoning from a medical professional.
- Your food poisoning caused you significant harm (i.e., hefty medical bills, lost wages, etc).
And to prove the above points as true, you may need to collect a sufficient amount of evidence. For example, it may be in your best interest to save any leftovers that you brought home from the restaurant. Even though it may be your initial instinct to throw this food away, it may be better to send it in for testing to prove that it was spoiled or contaminated. In addition, you may want to send a blood, stool, or urine sample in for testing to prove that there was an existing pathogen that gave you food poisoning. What’s more, you may want to save the customer copy of the bill for your meal, along with pictures and videos you took of your meal.
When do I have to file my lawsuit?
Understandably so, you may be focused on healing from your food poisoning incident. But you must not push off your decision of pursuing legal action for long. This is because Ontario has a strict statute of limitations for personal injury lawsuits. This deadline is usually two years from the date of your incident. Failure to file on time equates to a failure of recovering monetary compensation and attaining justice.
Even if you manage to submit your claim at the last minute, this may open up an opportunity for the defense to question you. That is, they may question the severity of your health conditions if you waited so long to take action. For a similar reason, you may want to seek medical attention as soon as possible. But the greater reason for this is so that you can ensure you reach a full recovery.
And so, it should go without mentioning that you must consult with a competent Ontario personal injury lawyer immediately. Give us a call whenever you can.