Food Poisoning Attorneys in San Jose

Am I Able to Sue a Restaurant for Food Poisoning?

If the law and evidence supports a personal injury or wrongful death claim, it is possible to sue a restaurant for food poisoning. There may also be others that are liable such as growers, food processors and distributors. Food poisoning attorneys in San Jose, such as Needham Kepner & Fish LLP, will evaluate your case and provide you reliable legal advice pertaining to a potential food poisoning lawsuit.


  1. Know what pathogen made you ill. To have a valid claim, you must be diagnosed with an illness caused by a specific pathogen: Botulism, Campylobacteriosis, Cyclosporiasis, E. coli, Hepatitis A, Listeriosis, Norovirus, Salmonella, Shigella or VibriosisIf your doctor tells you that you have food poisoning, ask if further testing can be conducted to determine if one of the above mentioned pathogens is to blame. Our food poisoning attorneys in San Jose can help you.
  1. PFGE testing can be used as evidence to help prove your claim. A process called pulsed-field gel electrophoresis (PFGE) can determine what bacteria caused the food poisoning and its exact genetic make-up. This compelling because people that become ill from bacteria with matching PFGE patterns were contaminated by the same source.
  1.  You may still have a claim even if you do not know food item you consumed was contaminated. Even if the particular food responsible for your sickness is never determined, you may still have a case, depending on laboratory testing and epidemiological evidence.
  1.  A restaurant is liable if your illness is caused by a sick employee. In many of food poisoning outbreaks, a sick food service worker transmits the illness directly to food or onto surfaces that come into contact with food.  As a result, there is a possibility of many different foods served by the restaurant getting contaminated rather than just one food item. Whether you get food poisoning from the restaurant’s environment or from contaminated food served by the restaurant, the restaurant is liable and you may have a case.
  1.  Keep leftover food, it may be used as evidence. If you get food poisoning after eating at a restaurant and you still have leftovers, don’t throw them away. Lab tests can be conducted on the food to determine whether your illness was caused by it.

Our Firm’s Food Poisoning Attorneys in San Jose

Needham Kepner & Fish LLP is currently accepting food poisoning case reviews in San Jose, California. If you or somebody you know has become severely ill or died from food poisoning, you should contact our food poisoning attorneys in San Jose immediately. Our attorneys can be reached at (408) 956-6949 to discuss your food poisoning case.

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