October 12, 2025
Posted by: OFT Food Safety & Injury Lawyers
Eating at any restaurant carries some risk because you are trusting that restaurant to serve safe food that has been handled, stored, and cooked properly. A lot can go wrong at a restaurant, and as a result, a majority of reported foodborne illness outbreaks are linked to restaurants.
If you suspect that your illness came from a meal prepared at a restaurant, knowing what steps to take is critical for your health and your potential legal claim.
The three most important things to do are:
If you test positive for a foodborne pathogen, your local health department should contact you. If you did not, you should report the incident to your city or county health department. We can help direct you to the right agency.
Here’s what you need to know about recognizing food poisoning, seeking treatment, and protecting your rights if a restaurant’s negligence caused your illness.
Food poisoning happens when you consume food or beverages contaminated with harmful bacteria, viruses, parasites, or toxins. While many people assume that food poisoning only comes from improperly cooked meat, restaurant-related cases often involve a wide variety of foods and preparation practices. Contamination can occur at any point in the food chain: on the farm, during transport, or in the restaurant kitchen itself through, for example, cross contamination between raw and cooked products, or simply failing to wash hands.
Restaurants are legally required to follow strict health and safety guidelines, but when these standards are ignored or corners are cut, dangerous pathogens can end up in your meal. Some of the most common ways this happens include:
Perishable foods like poultry, seafood, dairy, and cooked rice must be kept at safe temperatures. If they sit in the “danger zone” (between 40°F and 140°F), bacteria such as Salmonella, E. coli, and Listeria can multiply quickly. A few hours of improper storage can make an entire batch of food unsafe.
Meat, poultry, eggs, and seafood need to be cooked to precise internal temperatures to kill harmful pathogens. Restaurants that serve rare or undercooked items without proper safety measures put diners at risk of serious illness.
A single cutting board, knife, or even a pair of unwashed hands can spread bacteria from raw foods to ready-to-eat items like salads, bread, or fruit. Cross-contamination is one of the most common causes of outbreaks in busy kitchens.
Restaurant employees who fail to wash their hands thoroughly after handling raw ingredients or using the restroom can spread bacteria and viruses such as norovirus and hepatitis A. Even one sick food handler can spark large outbreaks impacting hundreds of people.
Sometimes, the problem starts before the food reaches the restaurant. Contaminated produce, dairy, or meat from suppliers can introduce dangerous pathogens into the kitchen. If the restaurant uses cheap or older products, fails to conduct proper inspections or mishandles the products, its customers can easily be sickened.
Food safety is especially critical in restaurants because of the high volume of meals prepared each day. Unlike at home, where one harmful ingredient might affect only your family, a single lapse in a restaurant kitchen can sicken dozens or hundreds of people in a single evening. That’s why strict compliance with food safety regulations is not optional; it’s essential for protecting the public.
Several types of harmful pathogens are most often responsible for restaurant-related foodborne illnesses:
These pathogens can cause anything from mild stomach upset to life-threatening illness, so preventing contamination is essential.
Depending on the pathogen, symptoms can appear within hours or take several days to develop. Many people confuse food poisoning with a “stomach bug,” but paying attention to the timing of your symptoms can help.
Digestive Symptoms
Whole-Body Symptoms
These symptoms may last a few days, but foodborne illness can lead to long-term complications or hospitalization in severe cases.
If you think your illness came from a restaurant meal, here are important steps to take:
See a doctor, especially if your symptoms are severe, prolonged, or you belong to a high-risk group (children, pregnant women, older adults, or people with weakened immune systems). You should specifically ask for a stool culture to determine which pathogen made you sick and help protect your health.
Keep records of your symptoms, doctor visits, and any stool or blood test results. Save receipts or bank statements showing what and where you ate. These details may be essential if others were sickened at the same restaurant.
Contact your local health department to report your suspected food poisoning. They may investigate the restaurant, collect samples, and determine if there’s a broader outbreak.
If you have leftovers from the meal, keep them in the refrigerator. They may be tested to confirm contamination. Also, make note of anyone else who shared the meal and whether they also became ill.
Yes. You may be entitled to legal compensation if your illness can be traced to a specific restaurant. Food poisoning cases are typically handled as negligence or product liability claims, depending on the circumstances.
Restaurants have a legal duty to prepare and serve food safely. When that duty is breached, whether through improper storage, undercooking, cross-contamination, or unsanitary conditions, they can be held responsible for the harm caused.
To pursue a successful claim, you generally need to prove three key elements:
You must show that your food was unsafe due to improper handling, preparation, or sourcing. This can include evidence like health inspection reports, lab tests, or reports from public health agencies.
Medical documentation confirming your diagnosis is crucial. Doctors may perform stool tests, blood tests, or other examinations to identify the pathogen responsible. Establishing a direct link between your illness and the restaurant meal is essential for your claim.
Compensation typically covers tangible losses such as hospital bills, prescription costs, and lost wages. It can also include intangible damages like pain and suffering, emotional distress, and long-term health impacts.
Because restaurants rarely admit fault voluntarily, building a strong case usually requires expert guidance. Food poisoning lawyers collaborate closely with health officials, laboratory analysts, and outbreak investigators to trace illnesses to specific meals, ingredients, or food-handling practices.
Suppose multiple diners were sickened by the same restaurant. In that case, your case may be part of a larger outbreak investigation, which can strengthen your claim and help hold the establishment accountable for broader negligence.
Legal action not only seeks compensation for your personal losses but also encourages restaurants to follow proper food safety practices, helping prevent future outbreaks and protect other diners.
At OFT Food Safety & Injury Lawyers, we focus exclusively on representing victims of foodborne illness. We know how overwhelming it can be to deal with medical bills, missed work, and lasting health problems from something as simple as eating out.
Our attorneys can help you by:
Because we handle these cases on a contingency fee basis, you pay nothing unless we win compensation for you.
If you believe a restaurant meal caused your food poisoning, don’t wait to get help. The sooner you act, the stronger your case may be. We’re here to protect your health, hold negligent restaurants accountable, and fight for the justice you deserve.
Contact OFT Food Safety & Injury Lawyers today at 866-205-8234 or through our online form for a free consultation.
