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Can You Sue for Food Poisoning in Maryland?

If you have food poisoning, it is understandable that you want to hold the person or persons who poisoned you responsible. You may even want to find out if you can pursue a legal claim against the restaurant or store where you got food poisoning. There may be available causes of action for food-poisoning-related matters, but it is important you speak with an experienced Maryland personal injury attorney to discuss your options and legal rights.

Unfortunately, food poisoning is quite common. In some instances, it can be widespread, occurring from contamination in food items found in the grocery stores. There are a number of different types of bacteria and viruses that can contribute to food poisoning. Some of these are names you might be familiar with, including Listeria, E. Coli, and Norovirus.

A recent problem with people getting sick from Venezuelan crab makes the topic more relevant at the moment. There have been multiple cases of food poisoning linked to a bacterium called Vibrio, or Vibriosis. So far, there have been nine cases in the state. Several people have been hospitalized, but thankfully, there have been no reported deaths at this time.

Potential Causes of Action in a Food Poisoning Case

There are several main causes of action when it comes to a food poisoning case. The restaurant can be held liable and for serving a contaminated food product, and there may be other defendants brought into the suit, as well.


Under the theory of negligence, a restaurant has the duty to act in a reasonable manner and take proper care to have a safe food environment by eliminating dangers and producing food that is safe to eat. If they breach this duty, it can result in someone getting sick.

To have a successful case, you need to prove the restaurant’s unsafe food was the cause of your illness. This can be difficult in some instances. If you get sick, you need to be seen by your doctor right away so they can help determine why you are sick. To succeed in a negligence case, you need to show injury or harm, which could be satisfied by seeking timely medical treatment.

Product Liability

Product Liability is especially relevant if the source of your illness was contaminated food. You can become sick from a product purchased from a grocery store that contained bacteria. If a restaurant purchases this product and fails to clean it thoroughly, there could be a line of defendants included. You may be able to sue the restaurant, grocer retailer, distributor, and wholesaler. This is one of the reasons retaining a Charles County personal injury attorney is so important.

Retaining a Maryland Personal Injury

If you or a loved one became ill after eating in a restaurant or purchasing a contaminated food product at the market, please contact the Law Office of Robert R. Castro. We specialize in personal injury matters throughout Charles, St. Mary’s, Calvert, and Prince George’s counties. Please contact our office at (301) 870-1200 to schedule a consultation. Let one of our experienced attorneys help protect your rights and get you the compensation you deserve.