Can I Sue a Local Restaurant for Food Poisoning in South Carolina?

Food poisoning in South Carolina is no joke. When we go out to eat with our friends or family, the last thing we expect is to end up in the emergency room. We pick a restaurant, order some appetizers and maybe a few drinks. At the end of the night, we wrap up our leftovers and head for home. At about 2 in the morning, we start to feel a bit queasy. A few hours later, we’re so dehydrated that we think it’s a good idea to go to the hospital. Once there, the doctors confirm our fears.

If you’ve ever had food poisoning, you know how bad it can be. It’s painful and debilitating. No matter what the doctors do, there’s not much they can do other than let the illness run its course. Whether it’s salmonella or e-coli, it’s still pretty brutal. You want to call and give the restaurant a piece of your mind. But, is it really worth it? There’ no way to prove that they got us sick in the first place. And, even if we can, what are they going to do? Give you a gift certificate so you can eat there again in a few weeks and get sick all over again?

Most people who get food poisoning in South Carolina don’t ever want to set foot near that restaurant every again. They tell their family and friends never to eat at the establishment. They even post horror stories on social media about their nightmare of an evening. The one thing they don’t think to do is call a local premises liability attorney in Greenville, SC.

Remember – You Have to Suffer an Actual Injury in Order to File Suit

When people get sick at a restaurant, they usually stay in bed a couple of days. They may miss a day or two from work. However, they don’t often go to the hospital. Even if they suspect its food poisoning, they know that, for the most part, it has to run its course. You need to try to drink lots of fluids and rest.

If this is the case with you, then you may not actually have a legitimate claim against the business. Yes, you had a horrible couple of days. But chances are, you had vacation or sick time to cover the day or two you missed from work. Other than a few dollars spent on a bottle of Pepto Bismol or Immodium, you probably didn’t suffer financially. You’re out the money you spent on the meal and a dozen trips to the bathroom. But, did you really suffer an injury?

If you can’t show that you suffered a real injury, you won’t be able to sue. And no personal injury attorney in South Carolina worth their salt would take a case like this. They know that there aren’t really any damages involved. Other than telling the restaurant that you’re upset and want a refund from your dinner, there isn’t much you can do.

Does it Ever Make Sense to Sue for Food Poisoning in South Carolina?

If, unlike the person described above, you do actually go to the hospital, you may have a claim for damages. However, your claim will probably be limited to any hospital bills you accrued. For example, if you spend two nights in the hospital, it can cost thousands of dollars. Your personal health insurance provider will cover most of these bills. But you may have to pay a large deductible. If this is the case, the restaurant should have to cover this expense.

When you first meet with your Greenville personal injury lawyer, you need to let them know what happened. Don’t leave anything out. You don’t want to exaggerate your illness. They’re going to learn the truth sooner or later. It’s better to be upfront and honest than pretend you have a bigger case than you really do.

Call Our Office in Greenville to See if You Have a Potential Claim for Damages

Since all food poisoning cases are different, it’s a good idea to come in and talk to our team of injury lawyers before you decide what to do. If you really don’t have a case, we’ll let you know. And if you do, we can give you an idea of what your case may be worth. In the end, you’ll decide how you want to proceed. Your personal injury attorney in South Carolina is really there to guide you through the legal process.