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Restaurant Liability for Food Poisoning

by David Peel on January 31, 2014

Restaurant Liability for Food PoisoningAt some point almost everyone has gotten sick from eating food from a restaurant. However, this does not necessarily mean that the restaurant is liable for food poisoning. In order for the restaurant to be liable for food poisoning, a person needs to bring a cause of action under strict product liability or negligence.

Under a strict product liability claim, a person needs to prove that the food that the person consumed at the restaurant was contaminated in some way. The person needs to prove that the contaminated food that the restaurant served is the food that actually made the person sick. It is important to know that the person does not need to prove when the food was actually contaminated as long as he can prove the other elements listed above.

Under a negligence claim, the person can sue anyone who was involved in the preparation of the food. This means that the person can bring a negligence action against a restaurant and chef. In order for the person to win a negligence claim, the person will need to prove that the restaurant and chef owed a duty to the person eating at the restaurant. The person then has to prove that the restaurant and chef were negligent in some way and that negligence caused the person’s injury.

Restaurants may be liable for food poisoning for the above mentioned claims. However, it is important to remember that just because a person got sick after eating at a restaurant does not mean the restaurant is liable to the person for damages.

If you or someone you know is interested in more information, Mr. Peel can be reached through PeelLawFirm.com. Mr. Peel focuses in personal injury law. He is very involved in the Christian community and is often asked to address various groups. Mr. Peel practices in the Millington, Tipton County and Memphis, Tennessee area.

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