Can you sue for salmonella poisoning?

I went to Main Event Entertainment and
ordered their chicken strips. The next
morning around 3 AM I was constantly
running to the bathroom and vomiting
and I’ve had a terrible nauseating and
tight feeling for a couple days. Due to
this I was unable to make it to work 2
days in a row and I was let go. It’s
day 3 now and I’m still really sick.
Would there be any way to sue for food
poisoning on this matter?

Asked on June 20, 2016 under Personal Injury, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

First, you'd have to have medical evidence (e.g. a report from a doctor) that you got the salmonella from this serving of chicken strips (e.g. the chicken or other food from the store or restaurant would have to be tested and would have to show positive for salmonella); if you can't connect your food poisoning to this source, you would not be able to prove or establish liability.
Second, you could only sue for the two days of lost wages, not for the lost job; that's because most people who are sick for two days do NOT lose their jobs over it. That in turns means that the connection between being sick and losing the job is too remote or unusual for the law to award compensation for it, because it is not a "reasonably foreseeable" outcome.

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