If you believe your foodborne illness was caused by eating at a commercial food establishment (restaurant, deli or caterer) contact the Southern Nevada Health District, Office of Epidemiology at (702) 759-1300.
Whether you’re visiting Las Vegas or living in Nevada, there’s an abundance of dining options to choose from. With thousands of restaurants, including those within casinos and hotels, the service industry plays a vital role in the local economy, and many locals enjoy dining out on their days off. Given the wide variety of eateries, it’s important to know what steps to take if you experience food poisoning in Las Vegas.
Can I File a Lawsuit for Food Poisoning?
Restaurants, buffets, and food-serving establishments have a legal responsibility to ensure the food they serve is safe and uncontaminated. When they fail to uphold this duty and food poisoning occurs, they can be held liable for medical costs and other damages. However, proving food poisoning can be challenging due to the delayed onset of symptoms. At Howard Injury Law, our Las Vegas food poisoning attorneys are here to help build your case.
Food poisoning symptoms may not appear immediately and could take several hours or even a day to manifest. For instance, you might assume that the food you ate last night caused the illness, when it could have been from lunch earlier in the day.
Who is Liable in a Food Poisoning Case?
Proving the source of food poisoning is often the most difficult part of a lawsuit. However, if a government agency traces the contamination back to the restaurant or if multiple diners at the same restaurant fall ill from the same dish, this can strengthen your case. In some cases, this may even lead to a class-action lawsuit if many people are affected by the same cause.
Damages in Food Poisoning Lawsuits
If you decide to pursue legal action, your attorney will likely target every party involved in the food supply chain. For example, if a food distributor mislabeled expired products, causing a restaurant to unknowingly serve spoiled food, the distributor may bear the majority of the liability, with the restaurant sharing some responsibility.
Food poisoning lawsuits are a type of personal injury case. To win, your attorney must demonstrate the defendant’s negligence. This involves proving that the defendant owed you a duty of care, breached that duty by serving contaminated food, and that the food poisoning directly resulted from this breach.
Here are some common foodborne illnesses and their sources:
- Norovirus: Often referred to as the “stomach flu,” it causes nausea, diarrhea, vomiting, cramps, fever, and headaches. Symptoms typically appear 12 to 48 hours after exposure and last about 1–2 days.
- Salmonella: Commonly found in poultry, eggs, and other animal-based products, salmonella can cause serious gastrointestinal issues.
- E. coli: This bacteria is frequently linked to contaminated fresh produce, undercooked meat, and unpasteurized milk, leading to severe stomach cramps and diarrhea.
- Listeria: Found in unpasteurized dairy and ready-to-eat foods, listeria poses a significant risk to infants, young children, and older adults, as infections can sometimes be life-threatening.
- Campylobacter: This illness is often caused by consuming contaminated water, raw or undercooked poultry, or unpasteurized milk.
If you suspect you’ve been exposed to contaminated food, seeking medical attention and identifying the source can be critical.
At Howard Injury Law, we will expertly guide you through the legal process as your dedicated personal injury lawyer. From the initial free consultation to the resolution of your case, our experienced attorneys serve Nevada, California, Colorado, and Arizona, and are committed to providing comprehensive support and representation. We understand the complexities and challenges that come with personal injury claims, and we are here to ensure that your rights are protected every step of the way.
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