My wife had hamburger steak dinner in a Clarksville, Tennessee restaurant about one week ago. About three hours later she began developing severe nausea, bad stomach cramps and diarrhea. She ended up in the hospital with kidney problems and the doctor said that she had an infection caused by e coli. Her kidney may be permanently damaged. What are her rights?
It is estimated that 76 million foodborne illness cases occur in the United States every year after eating foods contaminated with such pathogens as E. coli O157:H7, Salmonella, Hepatitis A, Campylobacter, Shigella, Norovirus, and Listeria. Each year approximately 325,000 people are hospitalized with a diagnosis of food poisoning, and some 5,000 die.
First, you should contact your local health department and report the problem. The health department should immediately inspect the restaurant. This will reduce the likelihood that additional people will suffer the same problems you developed.
Second, if you brought a "doggie bag" from the restaurant save it in the refrigerator. Tell the local health department that you have it. Do not throw it away.
Third, contact an experienced personal injury to help you investigate the claim and preserve your wife’s rights. If the food poisoning can be linked to the meal she at at the restuarant, Tennessee law entitles her to certain damages explained in more detail here. We offer free consultations in this type of case, and if we believe the case has merit will accept the case on a contingent fee basis.