Food Poisoning Law Explained
The restaurant business comes with countless challenges, many of which are largely unavoidable. Fortunately, some risks can be minimized, and one of them is the liability of undercooked food.
But can a restaurant be sued for serving undercooked food? The answer is a clear yes. One of the best ways to reduce this risk is by ensuring staff have proper food handler training, which helps prevent mistakes that can lead to serious health and legal consequences.
Below, we will explore the legal ramifications of serving undercooked food and landmark food poisoning lawsuits that have proved successful.
What Is Food Poisoning?
Food poisoning, also known as foodborne illness, is a condition caused by consuming contaminated food or drink. It’s largely caused by the contamination of food by pathogens like bacteria, viruses, and parasites, but it can also result from chemical or physical contamination. In the U.S., food poisoning affects an estimated 48 million people each year, and more than half of foodborne illness outbreaks can be traced back to restaurants or other food service establishments.
The symptoms of foodborne illness will vary depending on the source of contamination, but common symptoms include:
- Nausea
- Vomiting
- Diarrhea
- Abdominal pain
- Fever
- Dehydration
In extreme cases, foodborne illness can lead to serious health complications, including hospitalization and death. This is more likely in vulnerable populations such as:
- Children
- Elderly
- Pregnant women
- People with weakened immune systems
As a result, food businesses that serve disproportionately vulnerable populations – such as hospitals, daycares, or retirement homes – must be especially diligent about minimizing undercooked food liability.
Can You Sue a Grocery Store for Food Poisoning?
In general, grocery stores have a legal duty to sell safe and properly labeled food products. As a result, if there is evidence that a grocery store sold contaminated food that made a customer ill, it can result in food poisoning liability.
In fact, food safety law allows customers to file a food poisoning lawsuit against:
- Restaurants and other food service establishments
- Grocery stores and other food retail establishments
- Food suppliers, manufacturers, or processors
Can You Sue for Undercooked Food?
Yes, it is possible to sue for undercooked food, but only if you can prove that it resulted in foodborne illness or other harm.
Customers have the right to expect that the food served at a restaurant is safe to eat and cooked at a time and temperature that can kill foodborne pathogens. If a restaurant fails to fulfill this duty and it results in illness, customers have the right to sue the restaurant for compensation.
However, restaurant liability will depend on several factors, such as:
- The specific circumstances of the case
- The type of claim filed
- The evidence that proves the claim
- The laws in the specific state where the incident occurred
In the U.S., there are several different types of claims you can use in a food poisoning lawsuit. The evidence required by each will vary, and state law will dictate which claims are available for a given undercooked food liability case.
Types of Food Poisoning Claims
When it comes to outbreaks of foodborne illness, food businesses can be held responsible through one of several legal avenues.
Negligence
Under the principles of general negligence, a business is legally obligated to exercise reasonable care.
In the context of restaurant liability, "reasonable care" means maintaining a safe environment, providing safe products, and eliminating any unreasonable hazards. If a restaurant, grocery store, or other food business fails to fulfill its duty of care to customers, a negligence claim may arise.
Strict Products Liability
Exercising reasonable care isn’t always enough to prevent a food poisoning lawsuit because, in some cases, a lawsuit can be filed under strict product liability.
In such cases, a lack of reasonable care doesn’t need to be demonstrated. Instead, the plaintiff must only demonstrate that food served by or purchased from a restaurant was flawed, posed an unreasonable danger, and caused an illness.
Under strict product liability, every individual involved in the chain of distribution, including the manufacturer, wholesaler, retailer, and food distributor, can be held responsible for selling the contaminated food.
Breach of Warranty
In the U.S., most states have what is called an implied warranty of merchantability. This typically means that customers have a legal right to believe that a product sold to them will work as expected for its intended purpose. In the context of food, this means that customers have an implied warranty that food is fit for human consumption and won’t contain poisons or harmful objects.
In cases where food contamination leads to foodborne illness, the affected consumer may argue a breach of warranty due to the food failing to meet the ordinary buyer's expectations of food safety.
As with strict product liability, breach of warranty claims can affect the entire chain of distribution unless it is explicitly limited or invalidated by contract.
Compensation for Food Poisoning
Through these forms of liability, if someone has suffered from food poisoning, they may be entitled to compensation for damages. Plaintiffs can request compensation for various expenses and losses, including:
- Medical bills, co-pays, and other out-of-pocket medical expenses
- Lost income
- Physical pain and suffering
- Emotional distress
In severe instances, foodborne illness can result in death. When this happens, the family members of the deceased may have the option to file a wrongful death lawsuit against the responsible business. In these cases, compensation may include other expenses in addition to the above, including the:
- Loss of the deceased’s lifetime income
- Loss of services provided
- Loss of inheritance that would otherwise be received
- Loss of companionship or consortium
- Funeral costs
- Punitive damages (in some states)
To receive compensation for food poisoning, a customer must file a food contamination lawsuit against the responsible party and prove their claim.
Landmark Food Poisoning Lawsuits
In the past few decades, several high-profile food poisoning lawsuits have shaped legal precedent in the United States.
The Jack in the Box E coli Outbreak of 1993
Escherichia coli is a common pathogen in foodborne illness cases, particularly the severe O157:H7 strain, which produces a toxin resulting in bloody diarrhea.
In 1993, over 700 people in four states – but most in Washington – got sick, resulting in 171 hospitalizations and 4 deaths. These cases were ultimately linked to 73 different Jack in the Box locations.
An investigation revealed that the fast-food restaurant’s parent company had been warned by both local health departments and its own employees that its hamburgers were being undercooked, but the company ultimately decided that cooking them to the required 155ºF would make the burgers too tough.
The company was later sued by the family of a 9-year-old girl who slipped into a coma, later regaining consciousness with permanent damage: diabetes, asthma, brain damage, and kidney damage severe enough to require a transplant. The family received a $15.6 million settlement on her behalf, after which dozens of other outbreak victims also obtained awards.
Chipotle Outbreaks of 2015-2018
Over twenty years after the Jack in the Box case, Chipotle was linked to at least seven foodborne illness outbreaks between the years of 2015 and 2018, affecting more than 1100 people. The source varied from location to location – variously involving E coli, norovirus, or Salmonella.
The U.S. Department of Justice found evidence of the restaurant’s liability strong enough evidence for a federal criminal case. To avoid convictions, Chipotle agreed to a deferred prosecution agreement (DPA) involving a $25 million criminal fine. It stands as the largest criminal fine in the history of U.S. food safety law.
As part of the agreement, Chipotle officials admitted enabling a contagious food poisoning outbreak by violating sick employee policies and failing to follow hygiene procedures. In addition to paying the criminal fine, they agreed to spend tens of millions of dollars upgrading their food safety program.
Blue Bell Listeria Outbreak of 2015
Although it’s not a case of restaurant liability (or undercooked food liability), the Blue Bell Listeria outbreak of 2015 is a significant part of food safety case law as the second biggest criminal settlement after Chipotle, and one that resulted in a criminal conviction against an executive.
In early 2015, the ice cream manufacturer was responsible for an outbreak of listeriosis that hospitalized 10 and killed 3. In the aftermath, the company was forced to halt all production and recall all products.
An investigation led to the conclusion that the Blue Bell Board of Directors made no good-faith effort to monitor or address food safety issues with its product. As a corporate entity, Blue Bell pled guilty and paid $19.35 million in fines, forfeiture, and civil settlements. As an individual, executive Paul Kruse was facing federal felony charges until he pled guilty to a misdemeanor under the Food, Drug, and Cosmetic Act and agreed to pay a $100,000 penalty.
How to Report Food Poisoning
If a customer suspects they have food poisoning, they must report it to the appropriate authorities so that they can investigate and take appropriate action to prevent others from getting sick. Follow the steps below to protect your health and the health of others. These steps are also necessary for filing a successful food poisoning lawsuit.
Step 1: Contact a Healthcare Provider
If you’re experiencing severe symptoms, you should seek medical attention immediately. A doctor can diagnose the illness and provide treatment as needed.
They can also report your illness to public health authorities.
Step 2: Contact the Local Health Department (and Beyond)
If there is suspicion that your illness is due to food poisoning from a restaurant, grocery store, or other food establishment, the local health department should be contacted as soon as possible. They will investigate your complaint and take necessary actions to prevent others from getting sick.
Additionally, food poisoning cases can be reported to:
- U.S. Food and Drug Administration (FDA)
- Product manufacturer or distributor
- U.S. Department of Agriculture (USDA) Meat and Poultry Hotline (if the contaminated food is a meat or poultry product)
This will help public health officials track outbreaks and protect the public health.
Step 3: Collect Evidence Surrounding the Foodborne Illness
To succeed in a food safety lawsuit, you’ll need evidence to support your claim – evidence that the food you purchased was contaminated, that the contamination caused their illness, and that the business breached its duty of care.
Customers should seek the advice of a qualified attorney if they are considering a food poisoning lawsuit. Food safety laws can be complex, and they vary depending on state and local jurisdiction. As a result, it’s important to consult with a personal injury attorney who specializes in food poisoning cases. They can help you navigate the legal process, understand the type of evidence required, and pursue the compensation you may be owed.
How to Prevent Food Poisoning
According to the U.S. Department of Agriculture (USDA), less than a third of foodborne illness lawsuits result in monetary compensation by the plaintiffs unless they involve premature death. That said, even a successful defense is expensive, and the bad publicity can be devastating for a food business of any size.
The best way to reduce restaurant liability is to follow food safety regulations and best practices. Source food carefully, require safe food preparation, take steps to avoid cross-contamination, and ensure safe cooking, holding, and storage temperatures.
Education is a critical component of a food safety strategy. With properly trained staff, restaurant and grocery store owners can:
- Build a reputation for quality and safety
- Avoid penalties associated with violating federal, state, and local regulations
- Reduce the risk of legal liability
- Prevent outbreaks and reduce associated costs
First, make sure your managerial and supervisory staff has a good foundation in the principles of food safety so that they can enforce the necessary policies in your business. Food Safety Manager training like ours covers what they need to know and can even prepare them for official certification.
Many states and local jurisdictions require manager training like this, but some also require training for all food handlers, from kitchen staff to servers. The most effective food safety programs provide Food Handler Training to all staff, including new hires. While knowledgeable supervisors are important, there’s no substitute for ensuring that all employees understand the risks of food poisoning and how it can be prevented.
With reputable online courses like ours, you can minimize the risk of foodborne illness and ensure the safety of your customers without breaking the bank or your schedule. Courses are self-paced and mobile-friendly, and our Food and Beverage enterprise solutions can provide comprehensive compliance training whether you own a restaurant, bar, convenience store, grocery store, or hotel.
