Can you sue for food poisoning in Nashville?

Food poisoning can be more than just an unpleasant experience—it can lead to severe illness, hospitalization, and long-term health complications. If you’ve suffered from foodborne illness after eating at a restaurant, food truck, or catered event in Nashville, you may be wondering: Can you sue for food poisoning? The short answer is yes, but proving liability and securing compensation can be complex.

At Weir & Kestner Injury Lawyers, our Nashville personal injury lawyers understand the challenges food poisoning victims face. If negligence played a role in your illness, we can help you hold the responsible party accountable. Below, we outline when and how you can file a food poisoning lawsuit in Tennessee and what compensation you may receive.

When can you sue for food poisoning?

To successfully sue for food poisoning, you must prove that another party’s negligence caused your illness. This typically involves demonstrating:

1. You consumed contaminated food – You must establish that you ate a particular food item at a restaurant, grocery store, or other food establishment.
2. The food was contaminated – This requires medical evidence linking your illness to the food, such as lab tests confirming foodborne pathogens like Salmonella, E. coli, Listeria, or Norovirus.
3. The contamination resulted from negligence – You must show that the restaurant, supplier, or food handler failed to follow proper food safety protocols, leading to contamination.
4. You suffered damages – This includes medical expenses, lost wages, pain and suffering, and other losses caused by the food poisoning.

Common causes of food poisoning lawsuits

Several factors can lead to foodborne illness outbreaks, many of which result from negligence. Common causes of food poisoning lawsuits include the following.

1. Improper food handling

• Failing to wash hands, utensils, or surfaces
• Cross-contamination between raw and cooked foods
• Serving food at unsafe temperatures

2. Contaminated ingredients

• Using expired or spoiled ingredients
• Failing to properly store food
• Contaminated produce, meats, or dairy from suppliers

3. Undercooked or raw food

• Serving raw or undercooked meat, seafood, or eggs
• Inadequate cooking temperatures failing to kill bacteria

4. Restaurant cleanliness violations

• Pest infestations
• Mold, dirt, or other unsanitary conditions
• Failure to comply with Tennessee health and safety regulations

If a food establishment fails to follow proper Tennessee Department of Health food safety guidelines and you become sick as a result, you may have grounds for a lawsuit.

Who can be held liable for food poisoning in Nashville?

Several parties may be responsible for your illness, including:

• Restaurants and food trucks – If a restaurant, café, or food truck served contaminated food, they may be held accountable.
• Caterers and event organizers – If food served at a private event or wedding caused illness, the catering company or host may be liable.
• Grocery stores and suppliers – If a store sold contaminated food or a supplier provided unsafe ingredients, they could be at fault.
• Food manufacturers – If packaged or processed food was tainted before reaching the consumer, the manufacturer may be responsible.

Identifying which party is at fault is key to building a strong food poisoning lawsuit.

How do you prove a food poisoning claim?

Proving that a specific food item caused your illness can be challenging. Evidence is critical in food poisoning cases, and the following steps can help support your claim:

1. Seek medical attention immediately – A doctor can diagnose foodborne illness and order lab tests to identify the responsible bacteria or virus.
2. Report the incident – File a complaint with the Tennessee Department of Health to document the outbreak and possibly trigger an investigation.
3. Save receipts and transaction records – Proof of purchase from the restaurant or grocery store can help establish where you ate.
4. Preserve leftover food (if possible) – If you still have uneaten food, lab testing may confirm contamination.
5. Document your symptoms – Keep records of doctor visits, hospital stays, and any treatments received.
6. Speak with other victims – If multiple people became ill after eating at the same location, this strengthens your case.

At Weir & Kestner Injury Lawyers, we work with medical experts, health inspectors, and food safety specialists to gather the necessary evidence for your case.

What compensation can you recover in a food poisoning lawsuit?

If you’ve suffered from food poisoning due to negligence, you may be entitled to compensation, including:

• Medical expenses – Hospital bills, medications, and future treatment
• Lost wages – If your illness caused you to miss work
• Pain and suffering – Physical discomfort and emotional distress
• Long-term health complications – Compensation for ongoing medical issues caused by the illness
• Wrongful death damages – If a loved one passed away due to severe foodborne illness

Tennessee does not cap economic damages like medical expenses or lost wages, but non-economic damages (pain and suffering) may be limited in certain cases. Tennessee Code Annotated § 29-39-102 sets a cap of $750,000 for non-economic damages in most personal injury claims, but this could increase if the injuries are catastrophic.

How long do you have to file a food poisoning lawsuit in Tennessee?

Under Tennessee’s statute of limitations (Tenn. Code Ann. § 28-3-104), you typically have one year from the date of your illness to file a personal injury lawsuit. Failing to file within this time frame may result in losing your right to seek compensation.

If you suspect food poisoning but are unsure whether you have a case, it’s best to consult an attorney as soon as possible.

How Weir & Kestner Injury Lawyers can help

Food poisoning cases are complex, and restaurants or food companies will often fight back against claims. At Weir & Kestner Injury Lawyers, we have extensive experience handling premises liability and personal injury cases in Tennessee.

When you work with our firm, we:

✔ Investigate the source of your illness
✔ Gather medical and health department records
✔ Identify the responsible party
✔ Negotiate with insurance companies
✔ Take your case to court if necessary

You shouldn’t have to suffer because of someone else’s negligence. Let us fight for the compensation you deserve.

Contact Weir & Kestner Injury Lawyers today

If you or a loved one has suffered from food poisoning in Nashville, don’t wait to take action. Contact Weir & Kestner Injury Lawyers for a free consultation to discuss your legal options. Call us at (615) 220-4180 or fill out our online form today.