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The Myths of Food Poisoning Accidents in California: What You Need to Know

  • James R. Doyle, Esq.
  • Mar 26
  • 3 min read
Person in blue shirt with stomach pain, red rings depict discomfort. Magnified image of intestines shows bacteria. Light green background.

Food poisoning is more than just an upset stomach—it can lead to serious illness, hospitalization, long-term health complications, and even death. Despite the dangers, many myths about foodborne illness claims prevent victims from seeking legal action against negligent restaurants, grocery stores, or food manufacturers. If you or a loved one has suffered from food poisoning in California, understanding the truth behind these misconceptions is essential


Myth #1: You Can’t Sue for Food Poisoning

A hand holds a magnifying glass over broccoli, showing text "Is Your Food Safe?" on a dark stone background, emphasizing caution.

Many people assume that food poisoning is just bad luck and that they have no legal recourse. However, California law allows victims of foodborne illnesses to file a personal injury claim if negligence played a role in their sickness. If a restaurant, grocery store, or food manufacturer failed to properly store, prepare, or handle food, and it led to an illness, they may be held liable for damages.


Myth #2: You Have to Prove Exactly What Made You Sick

While it helps to identify the exact contaminated food that caused your illness, it’s not always necessary to win a claim. Many food poisoning cases rely on circumstantial evidence, such as:

  • Multiple people getting sick from the same restaurant or food product

  • Health department investigations confirming a foodborne outbreak

  • Lab tests linking your illness to a specific pathogen (e.g., Salmonella, E. coli, Listeria, or Norovirus)

A skilled attorney can help gather medical records, expert testimony, and other evidence to build a strong case.


Myth #3: If Symptoms Appear Days Later, You Can’t Prove It Was Food Poisoning

Cartoon person with brown hair and orange pants showing symptoms: dizziness, coughing, vomiting, sitting on toilet, sneezing, fever.

Some foodborne illnesses don’t cause immediate symptoms. While some bacteria, like Staphylococcus aureus, cause illness within hours, others, like Listeria or Hepatitis A, can take days or even weeks to show symptoms. Just because your symptoms took time to develop doesn’t mean you can’t prove where the contamination came from. Medical tests, epidemiological studies, and prior complaints about the same food source can support your claim.


Myth #4: Only Restaurants Can Be Held Liable for Food Poisoning

While restaurants are often the source of foodborne illness outbreaks, they are not the only parties that can be held responsible. Liability may also fall on:

  • Grocery stores selling expired or contaminated food

  • Food manufacturers producing tainted packaged goods

  • Distributors and suppliers who fail to keep food at safe temperatures during transportation

  • Catering companies that improperly store or handle food at events

Even farmers and agricultural companies may be responsible if improper food safety practices led to contamination.


Myth #5: Food Poisoning Isn’t Serious Enough to Justify Legal Action

Law elements that form part of a lawsuit in a case of food poisoning

Many people assume that food poisoning is just a temporary illness, but in severe cases, it can cause:

  • Organ failure and lifelong health complications

  • Neurological damage from certain bacterial infections

  • Long-term digestive issues due to intestinal damage

  • Severe dehydration requiring hospitalization

  • Death, especially in children, the elderly, and those with weakened immune systems

If your illness resulted in medical bills, lost wages, or lasting health issues, you may be entitled to compensation.


Don’t Let These Myths Stop You from Seeking Justice

If you’ve suffered from food poisoning in California, don’t let misinformation prevent you from taking action. You may be entitled to compensation for medical expenses, lost wages, and pain and suffering. The experienced attorneys at Doyle Accident and Personal Injury Attorneys in the San Gabriel Valley can help you hold the responsible parties accountable.


Call (626) 737-0036 today for a free consultation!

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