Is it fair to seek compensation for being badly food poisoned at a local restaurant ? (suspect, money)
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It would be difficult to charge the restaurant with food poisoning without having sufficient evidence and proof.
I also ate shrimp at a Red Lobster restaurant in Phoenix a few months ago and I got very sick. Not sick enough to go to the hospital however I was very very sick at home for days. I never ate anything as bad as that shrimp before. It didn’t have an odor or taste to indicate it was bad either, and it was only hours afterward that the bacteria started working.
Bad bacteria will start working in your body immediately and within hours you will be sick. Depending on the bacteria and your own personal health, will depend on how soon it starts acting and how long you will suffer the ill affects of bad fish or shrimp.
You don’t have to worry about what you ate 24 or 48 hours earlier when you have consumed some bad bacteria in food, it starts right away in your body and your body starts to reject the foods that brought the bacteria into your system. Natures way of telling you that you ate something bad.
As for proving it was the shrimp and food poisoning at the restaurant it would be difficult. In my case I called the county health department and reported the problem right away. They sent an inspector to check out the restaurant and found nothing, however it was a few days later that they went out there. I also called the manager of Red Lobster and told them about the problem and that I had eaten their shrimp. They listened but nothing was accomplished. The reason I called anyone was to make sure that if they (Red Lobster) had a box of bad shrimp that they could avoid using it and causing problems for other customers.
It was the worse food poisoning I had ever had in my life. I was ill for 3-4 days with problems that you don't want to read about.
It would be difficult to charge the restaurant with food poisoning without having sufficient evidence and proof.
I also ate shrimp at a Red Lobster restaurant in Phoenix a few months ago and I got very sick. Not sick enough to go to the hospital however I was very very sick at home for days. I never ate anything as bad as that shrimp before. It didn’t have an odor or taste to indicate it was bad either, and it was only hours afterward that the bacteria started working.
Bad bacteria will start working in your body immediately and within hours you will be sick. Depending on the bacteria and your own personal health, will depend on how soon it starts acting and how long you will suffer the ill affects of bad fish or shrimp.
You don’t have to worry about what you ate 24 or 48 hours earlier when you have consumed some bad bacteria in food, it starts right away in your body and your body starts to reject the foods that brought the bacteria into your system. Natures way of telling you that you ate something bad.
As for proving it was the shrimp and food poisoning at the restaurant it would be difficult. In my case I called the county health department and reported the problem right away. They sent an inspector to check out the restaurant and found nothing, however it was a few days later that they went out there. I also called the manager of Red Lobster and told them about the problem and that I had eaten their shrimp. They listened but nothing was accomplished. The reason I called anyone was to make sure that if they (Red Lobster) had a box of bad shrimp that they could avoid using it and causing problems for other customers.
It was the worse food poisoning I had ever had in my life. I was ill for 3-4 days with problems that you don't want to read about.
Im very sorry to hear of your plight. I hear bad seafood is one of the worst to get poisoned over. I cant believe how many people eat sushi ...what a risk. So many of these Fish are scavengers eating all kinds of things . I think ill stay clear of Red Lobster .
Probably most of us have gone thru food poisoning, and most likely from a Restaurant visited earlier that evening. Ive never had extremely bad food poisoning , but i know someone who ate shrimp at Red Lobster in Arizona who had to be rushed to the hospital at 3 a.m. It was so bad that she was almost in a coma , and spent a few hours in the hospital before being released. She didnt get back to full normalcy for 3 days afterward. Her out of pocket expense for emergency care and ambulence ride was about $900 . She didnt go back to Red Lobster , but she should have.
Perhaps it is too hard to prove you got food poisoning at a particular establishment which is why people dont go back. What would you do if you got it real bad, and, are you Someone who did recieve a settlement from the Restaurant ? How were you able to prove it was THEIR food that caused your extreme sickness ?
Well I suppose she could sue. courts look at what the average person would have done if they were food poisioned. Do they keep a bag wher ethey vomit in as evidence that it was shrimp that posioned them? I doubt it. I think the fact that she went to red lobster and got sick right away is proof enough. I mean if it wwas other food then she would have got sick again.
The restuarant will argue she must prove it, where are the other sick people in the hospital. If she files a claim with other people who were also sick it will strengthen her claim, but it is not necessary to win. Its really a 50/50 thing, the judge may or may not believe her its too hard to predict with certainity.
"You don’t have to worry about what you ate 24 or 48 hours earlier when you have consumed some bad bacteria in food, it starts right away in your body and your body starts to reject the foods that brought the bacteria into your system. Natures way of telling you that you ate something bad. "
No. Please read more about the various food issues. Any immediate reaction would be from toxins, not bacteria.
I had really bad food poisoning in May of this year.
I was at a car wash and decided to go next door to a Mexican restaurant and grab a couple tacos.
Let me tell you one thing, if I could have received monetary compensation for what I went through at 3am in the morning I definitely would have.
At any rate, I sent off an email to the City health department and they got someone to inspect the restaurant.
Here's a word of advice, if you suspect food poisoning - don't treat yourself at home, go to the hospital so they have a record of your admission to the emergency room, and they can perform the proper tests so you have a REALLY concrete indisputable case against the restaurant.
In Los Angeles they take food poisoning very seriously, all of our restaurants are inspected and have a letter grade from "A" to "C". The restaurant I ate in was an "A", but they were downgraded after my experience. The inspector found that they had uncooked meat sitting at an improper temperature, cooked and uncooked meat stored improperly, and the floor was filthy.
Sometimes you're really playing with your life when you eat in restaurants, seriously!
When checking on a time line, I’m finding that most symptoms (for most people) start within minutes to as long as 48 hours. I find a number of websites with information that support within minutes to 24 - 48 hour, however in my own personal experiences and from those I know, symptoms occur sooner then later.
Whether toxins or bacteria, food poisoning is food poisoning and it isn’t a nice experience. When I reported my issue to the restaurant manager and the county health department to investigate, they didn’t ask (nor did I care) if it was toxins or bacteria that cause me to become so ill.
MayoClinic has some good information on the topic.
Food poisoning symptoms vary with the source of contamination. Most types of food poisoning cause one or more of the following signs and symptoms:
· Nausea
· Vomiting
· Watery diarrhea
· Abdominal pain
· Stomach cramps
· Loss of appetite
· Fatigue
· Fever Signs and symptoms may start within hours after eating the contaminated food, or they may begin days later. Sickness caused by food poisoning generally lasts from one to 10 days.
Back on topic ~ it's very difficult to prove if you've visited a restaurant and chances are there would be little or no compensation for your costs and injury.
I always suggest calling the manager and reporting to the county health department as soon as possible.
No, it's not fair. You eat at a restaurant at your own risk, and you eat there only after you have made the decision to trust the management to take reasonable precaustions to minimize the risk that a patron will eat somthing that would cause an illness.
No restaurant wants its patrons getting sick, because all restaurants depend to some degree to word of mouth endorsements for their dining exprience. The restaurant is not responsible for patrons' bad reactions to their food, unless the consumer can prove that the restaurant neglected standard food service practices or failed to take reasonable precautions.
Where are all those posters who are constantly screeching about taking personal responsibility for your own actions and decisions?
My husband and I got food poisoning from a Red Lobster back in the 70s. We figured it was the tartar sauce because... well, I will spare you the details. I woke up in the night feeling like I had been kicked in the stomach and the vomiting would not stop. My husband finally took me to the hospital the next day when I could no longer stand on my own - spent three days there and nearly lost my job because of it.
My husband was really sick too, but not as bad as I was. We are so grateful that our then-two-year-old son didn't eat any because it probably would have killed him. We asked the hospital to check for food poisoning but they said it was probably a virus - so why did my husband and I get sick at the same time? We also complained to the health department as well as Red Lobster but nothing was done.
A friend of ours who had previously worked for the restaurant told us later that Red Lobster left their tartar sauce on the tables overnight and never refrigerated it. We have never eaten at a Red Lobster since that time, and never will.
Is it fair to seek compensation from a person or business who injured you through their negligence?
Absolutely.
Can you prove it?
Talk to a lawyer.
Not if conservatives have their way and it concerns medical malpractice or health care insurers.
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