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Generally, when people want to catch up with their friends or have a nice meal with their family, they go to a restaurant. At a restaurant, you can try a variety of different foods for breakfast, lunch, or dinner. When you go to a restaurant you typically do not expect to find yourself in excruciating pain after consuming their meals. Sometimes restaurants serve contaminated food that can result in food poisoning. Oftentimes, food poisoning is not usually serious and most people get better within a few days. However, food poisoning can be quite serious and result in medical expenses and lost wages. When this is the case, you may be entitled to significant compensation. Keep reading to learn whether you can sue a restaurant for food positioning and discover how our talented New York City Personal Injury Attorney can help you seek fair compensation for your damages. 

If I get food positioning at a restaurant, can I sue?

Firstly, food poisoning is a type of illness that is caused by eating contaminated food. Food can become contaminated by bacteria such as salmonella, Escherichia coli (E. coli), or a virus such as norovirus. Food can become contaminated if it is improperly stored or cooked.

As mentioned above, in most cases of food poisoning, individuals can recover at home and the symptoms will pass in a few days. If you have food poisoning you will likely experience the following symptoms:

  • Nausea and vomiting
  • Diarrhea
  • Stomach cramps and abdominal pain
  • Lack of energy/ fatigue
  • Loss of appetite
  • Chills
  • Aching muscles
  • Dehydration

If any of these symptoms do not go away after a few days, you should visit your doctor as you may require specific treatment to recover. Unfortunately, many foodborne illnesses can result in permanent damage to the kidneys, heart, brain, lungs, and pancreas.

If this is the case, you may be able to take legal action against the restaurant. However, to protect your legal rights you must take a stool sample that can be tested to determine the specific pathogen that made you sick. That way, you can link your illness directly to the food served at the restaurant. Genetic tests on bacteria found in you, in the food, and in the restaurant can all be used as evidence to prove the food severed at the restaurant made you sick. If you have any leftovers of the food that you suspect caused your illness, you should keep them as they can be tested and used as evidence to prove your claim.

If serious complications arise from food poisoning, you may be eligible to file a personal injury lawsuit. Our legal team can walk you through your legal options. Contact us today to learn how our firm can help you seek reasonable compensation for your damages.



To a man who was assaulted at a restaurant and sustained a traumatic brain injury.


Settlement to a barista who slipped and fell on a defective stairwell while working for Starbucks who sustained back injuries requiring multiple surgeries in 2012.


Settlement to a woman who was assaulted and sustained back/hip injuries in 2015.


To a man who sustained back injuries when he was a passenger in the car that rear ended another car.


Verdict to a high school student who was assaulted by a school dean during her lunch period dislocating her hip in 2014.

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