Can I Sue an NYC Restaurant for Food Poisoning?

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Can I Sue an NYC Restaurant for Food Poisoning?

When dining out, we expect a delicious meal and a safe dining experience. However, sometimes the unfortunate occurs, and a person will develop food poisoning after a restaurant visit. If this has happened to you, read on and reach out to a seasoned New York City personal injury lawyer from the Law Office of Richard M. Kenny to learn more about the different types of food poisoning, circumstances that may warrant a valid lawsuit against a restaurant, and how our firm can help you fight for the compensation you deserve. Here are some of the questions you may have:

What are the different types of food poisoning?

Food poisoning can result from the consumption of certain contaminated food or beverages. Common types of food poisoning include salmonella, E. coli, norovirus, listeria, and botulism, and symptoms of food poisoning may range from mild gastrointestinal discomfort to severe illness, requiring medical attention.

How do I know if I have a valid claim against a restaurant?

Food poisoning can be agonizing, but not every episode may warrant a valid lawsuit against a restaurant. For a person to have a valid claim, they must prove the following:

  • The restaurant was negligent: To implicate a restaurant in a lawsuit for food poisoning, you must prove the establishment acted negligently. This could involve improper food handling, storage, or preparation, failure to adhere to health and safety regulations, or inadequate employee training.
  • The restaurant’s negligence caused your food poisioning: You must also prove that the tainted food provided by the restaurant was the proximate cause of the food poisoning. This may necessitate medical documentation, expert testimonies, and other types of evidence that link the injury to the specific restaurant visit.
  • You incurred real damages as a result of the food poisoning: A valid lawsuit involves proof of physical harm, medical bills, and lost wages due to the illness/injury, or other quantifiable damages resulting from the food poisoning. In short, you’ll need to gather and present evidence that proves the extent to which your injuries have impacted your life. This isn’t always easy, and it’s always best to do so with the guidance of a seasoned NYC personal injury lawyer.

How long do I have to file a personal injury claim in New York State?

If you wish to file a personal injury claim against a restaurant for food poisoning, you must do so within the state’s statute of limitations. In New York, the statute of limitations for personal injury cases, including food poisoning claims, is, generally, three years from the date the incident occurred. Waiting longer than three years to file your claim will likely result in you being permanently barred from suing. Don’t make this mistake. Simply speak with a competent attorney today.

If you have any further questions or you’re looking to file a personal injury claim for the damages you’ve incurred as a result of a restaurant’s negligence, please don’t hesitate to speak with the Law Office of Richard M. Kenny today. We’ve fought for countless victims of negligence over the years, and we’re prepared to fight for you as well. Our consultations are free, so you have nothing to lose and everything to gain by simply reaching out.

CONTACT OUR EXPERIENCED NEW YORK CITY FIRM

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.

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Whether you need a car accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped thousands of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your personal injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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