Legal Question in Civil Litigation in Missouri
I contacted Salmonella after eating a cold shrimp and tomato appetizer and shrimp fahita's at a local Mexican restaurant on April 15,2011. I became ill shortly after eating there and was ill missing three weeks of work. The Health Department visited the restauraunt on May 15, 2011 and found no evidence of Salmonella, note this was 1 month later. The insurance company representing the restaurant informed me today that there is no way to prove that I got ill from the restaurant since there was no Salmonella found, one month later. I want to be compensated for missed work since I am 100% sure that I got ill from the restaurant. What do you think?
1 Answer from Attorneys
I am not adoctor, But due to training and exposure to Salmonella claims, I understnaed that illness form Salonella occurs about nine hours after eating the tainted food. If you becme sick soon after eating the shrimp for Dinner, it was most likely your lunch or breakfast tht wa stainted. Eggs seem to be the biggest culprit in Salmonella cases. You may go after whowever prepared or served you yrou breakfast that day. If you ate the shrimp for dinner and then became ill during the middle of the night, or next morning, it may have been the dinner. If the lalb that yoru doctor used to dtermine tha ti wa ssalmonellae, they shodul be able to determine wht fod it was base dupon yoru stomach contents or vomit (sorry to be gross). If they did not ocllect you stomach contents or vomit, you may hv edifciulty prving tha tnay food you ate gave you salmonella, as it can also be spread by dirty hands, dshes, cups, etc. You may have vaild case agaisn tthe mexican restaurant that you suspect, But, it may be tough to get an attorney take on such a case on a contingent fee basis. Therefore, you will be paing an hourly fee or suing on your own in small claims court.
Good luck