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Should you sue your hotel for food poisoning?

On Behalf of | Mar 28, 2024 | PERSONAL INJURY - Personal Injury

Food poisoning is always unpleasant, yet it can be especially unwelcome during a hotel stay. Instead of relaxing and enjoying your destination, you could end up in the bathroom for an entire day or even going to the hospital.

If you experience food poisoning after dining at a hotel restaurant or ordering room service, you might wonder whether it remains possible to sue the establishment. While the specifics vary, there are some general considerations worth remembering.

Proving the hotel is responsible

A lawsuit only makes sense when you can directly assign fault. This means linking the lodging’s food to your illness to a degree that reasonable doubt no longer exists. Since food poisoning symptoms sometimes take a while to appear, this may be a challenge. Save medical reports and tests confirming the presence of foodborne pathogens.

Gathering evidence

To strengthen your case, collect as much proof as possible. Keep receipts or digital records of your order. If you know of guests with similar experiences, their testimony could support your claim. Additionally, a public health department inspection, especially one resulting in a citation around the time of your sickness, could mean the difference between winning and losing at trial.

Weighing the impact

Before pursuing legal action, think about the severity of your food poisoning. If the symptoms resolve quickly without long-term effects, the effort and resources necessary for legal action might be far greater than the potential reward. However, if you face significant medical expenses, lost wages or long-term health consequences, it might be worthwhile to seek compensation.

Suing over food poisoning can be complex. Before making any legal motions, discuss with those you trust whether initiating litigation is the best decision.