The Miller Law Group Wins Summary Judgment Motion In Food Poisoning Case In Sangamon County (Springfield), Illinois
The plaintiff in this case filed suit against a Springfield area restaurant alleging that he experienced food poisoning after consuming undercooked fish. The plaintiff became ill within several days of eating at the restaurant. The bacteria found in his system is common in undercooked fish. However, even with expert testimony, the plaintiff could not meet his burden of proof and demonstrate that the fish he consumed was contaminated with bacteria or that his illness was caused by the fish. These are the reasons that the court granted the restaurant’s summary judgment motion and dismissed the case.
Food poisoning cases always appear to be straightforward. A person eats at a restaurant and then, a few days later starts to feel sick. That person assumes that something they ate at the restaurant must have made them sick and that the restaurant must be at fault. Well, it’s not that simple. Food poisoning cases are more complex than they might appear.
In order to win a food poisoning case, a plaintiff must prove the following:
The food or drink was contaminated at the time it was consumed.
The illness was the direct result of the contamination.
The defendant/restaurant was responsible for the contaminated condition of the food/drink product.
The plaintiff may believe the food made them sick, but that subjective or speculative opinion is not enough. Instead, the plaintiff, usually through an expert or medical professional, must prove that the food or drink contained some sort of bacteria or contaminant that made them sick. This can be challenging because, more often than not, the food or drink has been thrown away. Also, the incubation period for food poisoning is anywhere from a few days to two weeks. This means the person likely consumed various other products in between when they consumed the contaminated food and started to feel sick. This greatly expands the possible source of the food poisoning.
Even when a plaintiff has established that a specific food was contaminated, the plaintiff must go a step further and show that the defendant/restaurant was responsible for the contaminated food. This is often accomplished by establishing the food was cooked at the wrong temperature or stored improperly.
The Miller Law Group has handled and successfully litigated countless food poisoning cases. If you have any questions regarding these types of cases, please reach out to Andrew Miller or Elizabeth Boratto.