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Food Poisoning as a Premises Liability Claim

Food Poisoning as a Premises Liability ClaimThe Chicago Department of Public Health (CDPH) recently identified a salmonella outbreak that has reportedly affected 14 Illinois residents. A bulletin from the city urged residents to seek medical care if they recently ate at the establishment and displayed any signs of illness. Patrons visit restaurants and other types of eating establishments with the expectation that the food will be free from pathogens and harmful bacteria. When this duty is breached, the restaurant may be liable for damages under the legal theory of premises liability.

Chicago restaurant linked to salmonella outbreak

On September 1, 2017, the CDPH issued an official news release regarding the identification of the salmonella outbreak. According to the report, officials noticed an upswing in the number of reported Salmonella cases. Patients were contacted as part of an investigation, as researchers noted any common factors among them. The results of the investigation led the department to identify a single Chicago area BBQ restaurant.

The CDPH reports that the establishment voluntarily stopped serving customers, upon receiving a request from the city agency. Owners are also reportedly working with the city to identify the source of the problem and correct it.

Salmonella is a bacteria that can cause extreme discomfort and lead to severe illness in some patients. Symptoms of infection generally include diarrhea, high fever, and severe abdominal pain. While the condition usually subsides within four to seven days, some individuals require hospitalization for treatment. This is because the infection can spread throughout the body, even entering the blood stream. When this occurs, the results can be fatal without timely treatment. According to the CDPH report, at least six people were hospitalized as a result of this Chicago outbreak.

Making a premises liability claim for food poisoning

Under the theory of premises liability, owners of businesses have a duty to keep their properties in a reasonably safe manner for the benefit of visitors and patrons. For restaurant owners, this includes maintaining a clean and sanitary environment for the preparation of food. If it is found that a restaurant owner’s negligence resulted in the poisoning and injury of a customer, the injured party may have a viable premises liability claim. These cases can be complex without assistance from an experienced Chicago premises liability attorney, but with skilled counsel, a victim of food poisoning may be able to obtain significant compensation for his or her injuries.

If you experienced food poisoning after eating at a restaurant or business, you may have the right to hold the owners and others accountable. For help now, please call Gainsberg Law, P.C. at 312-600-9585 or complete our contact form to speak with a knowledgeable lawyer.