Food Poisoning: A Dinner Gone Wrong

Imagine this: You go out to dinner, enjoy a nice meal, and head home feeling satisfied. But a few hours later, that meal doesn’t seem like such a good idea. You develop a fever, chills, and the worst stomach cramps you’ve ever experienced, followed by relentless vomiting and diarrhea. You have no doubt it was the food.

How Common Is Food Poisoning?

Unfortunately, foodborne illness is more common than most people realize. According to the CDC, each year roughly 1 in 6 Americans (or 48 million people) get food poisoning. Many experience severe gastrointestinal distress, while some endure serious complications like kidney failure. Tragically, foodborne illnesses hospitalize around 128,000 people annually and cause 3,000 deaths in the United States.

Restaurants, fast-food chains, food trucks, and other food vendors are frequently linked to outbreaks. While most cases resolve without lasting effects, severe cases can lead to significant medical expenses, lost wages, and prolonged suffering.

How Do I Prove I Got Food Poisoning?

Proving that a specific meal caused your illness can be difficult, but it is not impossible. If you suspect food poisoning, taking immediate action is critical.

Seek Medical Attention Immediately: Even if you feel awful, visiting a doctor right away is essential. Your doctor will rule out other conditions, such as stomach flu, allergies, or food intolerances, perform diagnostic tests to identify the bacteria, virus, or parasite responsible for your illness, and create a medical record documenting your symptoms and diagnosis, which serves as crucial evidence
Keep Your Receipt: If you paid with a credit or debit card, retain the transaction record; if you paid in cash, write down the date and time of your meal. Other proof, such as social media check-ins, text messages, or takeout order logs, can also help establish when and where you
Save Any Leftovers: Store them in the freezer, so they can be tested later to confirm the presence of harmful pathogens.
Document Your Symptoms: Keep a journal noting when your symptoms began and how they progressed.

Can I File a Lawsuit for Food Poisoning?

Yes, you can sue if you reasonably believe that contaminated food from a dining establishment caused your illness. Potential legal claims may include:

Violation of the South Carolina Food and Cosmetics Act (S.C. Code §39-25-10, et seq.)
Violation of the South Carolina Defective Product Act (S.C. Code §15-73-10, et seq.)
Negligence / Negligence Per Se
Breach of Implied Warranty of Merchantability

Can I Win My Case?

Winning a food poisoning lawsuit depends on the strength of the evidence. Even if a doctor diagnoses you with foodborne illness, proving that a specific restaurant caused it can be challenging. Symptoms may take hours or even days to appear, and in the meantime, you may have eaten other foods. However, cases become stronger when:

Multiple people report illness after eating at the same establishment.
Health inspectors cite the restaurant for violations.
Lab tests match the bacteria in your body to a contaminated food sample.

How We Investigate Food Poisoning Cases

At Palmetto State Injury Lawyers, we take food poisoning claims seriously. If you suspect a restaurant meal made you sick, we will:

Obtain records from the South Carolina Department of Health and Environmental Control (DHEC) regarding any prior health code violations.
Identify other affected individuals by interviewing restaurant patrons and using social media or other sources to locate those who dined there at the same time.
Investigate potential food recalls to determine if the restaurant served contaminated ingredients.

Who Is Liable for My Food Poisoning?

Contamination may occur before the food reaches the restaurant (such as at a farm, processing plant, or distributor) or at the restaurant itself due to improper handling or storage. Depending on the circumstances, multiple parties including the restaurant, food suppliers, and distributors could be liable.

What Compensation Can I Recover?

In a South Carolina food poisoning lawsuit, you may be entitled to compensation for:

Medical expenses (hospital stays, doctor visits, medications, etc.)
Lost wages due to missed work
Pain and suffering
Inconvenience and emotional distress
Punitive damages (in rare cases involving egregious misconduct)

Contact Us for Help

When you dine out, you expect a safe and enjoyable experience not a debilitating illness. If you or a loved one suffered severe food poisoning after eating at a restaurant, food truck, or other dining establishment, do not hesitate to contact us. We are ready to fight for the compensation you deserve.