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My wife and I celebrated our anniversary with lunch at a nice Des Moines restaurant. Instead of the romantic evening we had planned, we spent the night being violently ill. We were both diagnosed with Listeria. My wife was pregnant and she lost the baby. She was very ill, but recovered. Can we sue the restaurant?

Each year, more than 48 million people suffer from food poisoning. Approximately 128,000 become ill enough to require hospitalization; around 3,000 people die.

While food poisoning deaths are rare, certain groups of people are more likely to die from food-borne pathogens. Those at high risk for food poisoning complications include:

  • Infants and young children
  • The elderly
  • Pregnant women and their unborn children
  • Those with compromised immune systems

 

About half of food poisoning cases involve restaurants. Unfortunately, the vast majority of those who suffer severe food poisoning don’t know that they can hold the restaurant accountable for their illness. Here are three things you must be able to show in order to win an Iowa food poisoning claim.

  • You suffered from food poisoning. In order to file a food poisoning injury claim, you must show that you suffered harm. You will need to have a medical diagnosis of food-borne illness. The doctor should perform tests to determine the type of illness you have. He should also perform pulsed-field gel electrophoreses (PFGE), a test that can help identify the source of the bacteria that made you sick.
  • Your food poisoning was caused by contaminated food from the restaurant. Report your illness to the health department. The health department will conduct an investigation and determine if anyone else became ill after eating at the restaurant.
  • The restaurant, food producer, or distributor was at fault. You must be able to show that the food became contaminated because the food producer, processor, distributor, cook, or server was negligent and did not take proper steps to ensure safety during the processing, preparation, storage, or handling of the food.

 

If you or a loved suffered severe food poisoning after eating at a Des Moines restaurant, you have a right to be angry. You also have a right to demand compensation for your losses. To learn more about Iowa food poisoning lawsuits, please contact Hupy and Abraham at 888-807-2752. There is no charge for the consultation.

Jason F. Abraham
Managing Partner, Hupy and Abraham