Food poisoning is a major problem in Las Vegas and across the country. According to the U.S. Department of Health, there are approximately 48 million cases of foodborne illnesses each year in the United States, resulting in 128,000 hospitalizations and 3,000 deaths. Many of these cases involve improperly served food at restaurants and other eateries.
Las Vegas hotels, casinos, and restaurants have a legal duty to make sure the food served on their premises is safe for consumption. When a guest gets food poisoning due to unsanitary practices or other forms of negligence, they may have grounds for a personal injury claim against the establishment. To learn more about your legal rights after getting food poisoning, contact the experienced food poison lawyers of the Cottle Firm at 702-722-6111.
Food poisoning happens when germs and other harmful items contaminate a food or beverage before it is consumed. These contaminants are known as microbes and fall into three categories: bacteria, parasites, and viruses. Other contaminants, such as toxic chemicals, can also cause food poisoning. Microbes can contaminate food at any point from the time it is grown until the time it is prepared.
Bacteria are tiny lifeforms capable of causing food poisoning when they enter the body via contaminated food or beverages. The growing temperature of bacteria is between 40 and 140 degrees Fahrenheit. To mitigate the risk of bacterial food poisoning, Las Vegas restaurants should keep food below 40 degrees in refrigerators or freezers. Thorough cooking is also essential for food safety, as it helps kill bacteria.
Parasites are microscopic organisms that live on or within a host organism, siphoning food from that organism. They can cause food poisoning by infiltrating the body through food or water and then attaching themselves to the digestive tract.
Parasite infections are relatively rare in the United States, but they do occasionally cause food poisoning. Specific parasites that can cause food poisoning include:
Viruses infect healthy cells in the body and often spread from person to person. A virus can cause food poisoning when water comes into contact with stools of people infected with it. This contaminated water can sometimes come into contact with foods, which then pick up the virus. Viruses can also contaminate food when someone carrying the virus prepares or handles the food. The most common viral causes of food poisoning are hepatitis A and norovirus.
All Las Vegas restaurants, cafes, eateries, and other food-serving businesses are required to follow the regulations set forth by the Southern Nevada Health District. These food safety rules are designed to reduce cases of food poisoning. When a business violates these rules and a guest gets food poisoning, the guest could have grounds for a lawsuit based on negligence.
Below is a summary of the Southern Nevada Health District’s hygiene requirements for food-serving businesses:
There are many ways that bacteria, parasites, and viruses can contaminate restaurant food and lead to food poisoning, such as:
If you or a loved one suffered from food poisoning caused by one of these mistakes, you could have grounds for legal action against the establishment that served you contaminated food.
A legal claim for food poisoning can be filed under one of three legal principles in Nevada: product liability, negligence, and negligence per se. The right type of claim depends on the specific circumstances of a case.
If you are considering filing a food poisoning claim in Nevada, one of the experienced Las Vegas food poisoning lawyers at the Cottle Firm can review your case to determine which claim best suits your needs.
Food is a product, which means that businesses that work with food are subject to liability laws as other types of businesses. This includes food producers, distributors, retailers, restaurants, and other food-serving businesses. If one of these parties contaminates a food product that goes on to cause food poisoning, the victim may have grounds for a product liability claim.
It is important to note that, unlike other types of personal injury claims, there is no requirement to prove negligence for product liability claims in Nevada. These are strict liability claims, which require the following five criteria to be proven:
Food poisoning claims can be filed based on negligence if a company that grows, produces, ships, or serves food products fails to ensure the safety of its products. These companies owe the public a duty of care to keep their products safe, and failing to do so violates this duty of care. If a consumer gets food poisoning because of this violation, the company is negligent and could be held liable for damages.
Negligence Per Se
Negligence per se is a legal concept that comes into play when an individual or business violates a law or regulation, and this violation directly leads to the kind of harm the law was designed to prevent. When this happens, the act of breaking the law is considered inherently negligent, and proof of negligence is essentially automatic.
For instance, if a restaurant violates state or federal health codes and a patron contracts food poisoning as a result, the restaurant might be found negligent per se because it broke laws specifically designed to prevent such illnesses. If the patron files a legal claim, they may not need to prove that the restaurant acted negligently, only that it violated a law and this violation led to their illness.
Food poisoning can affect people in dramatically different ways. A mild case may only involve an upset stomach, while a severe case can be a serious medical emergency. Here is an overview of how food poisoning presents and the potential long-term consequences.
Food poisoning symptoms can begin within a few hours of eating contaminated food. According to the Centros para el Control y la Prevención de Enfermedades (CDC), the most frequently reported symptoms include:
Most cases resolve independently within a day or two, but some can persist longer and require emergency medical attention.
While some individuals recover quickly from food poisoning, others may experience more serious complications. Certain groups are at a higher risk of complications, including:
Individuals in these groups are at a higher risk of serious dehydration, hospitalization, and even death if they suffer food poisoning.
In severe cases, food poisoning can cause lasting health problems. Some common examples include:
These outcomes can require ongoing medical care and significantly affect a person’s quality of life. In some cases, complications like kidney failure can even be fatal.
Food poisoning cases are sometimes difficult to prove because the symptoms often resemble those of other illnesses. However, with the right evidence and legal strategy, victims can build a strong case for a personal injury claim. Nevada law allows victims to seek compensation for food poisoning, but success depends on showing clear links between the contaminated food and the illness.
To win a food poisoning claim in Nevada, you generally need to prove that the following criteria apply to your case:
In product liability cases, you do not need to prove negligence; you only need to prove that the food product was defective or contaminated and that it caused your illness. In negligence or negligence per se cases, it is necessary to prove a breach of the duty of care (such as violating health codes).
A confirmed diagnosis of foodborne illness is a necessary piece of evidence. Suppose your physician identifies the specific pathogen that made you sick (such as Salmonella or E. coli). In that case, this information can link your illness to known foodborne outbreaks or contaminated food sources. Doctors may use stool samples, blood tests, and other diagnostics to confirm the illness.
To have a valid claim, you will need to prove the source of contamination. To make this connection, your attorney may use the following:
In some cases, public health investigations or class actions may reveal widespread contamination from a specific supplier or restaurant. Evidence from these investigations may bolster an individual claim.
If you plan to file a legal claim for food poisoning, keep the following records to document your illness and associated effects:
An attorney can help gather additional evidence, such as health department complaints, inspection records, food safety logs, and employee training records.
Because food poisoning cases often involve complex medical and legal questions, it’s best to consult with a Las Vegas personal injury lawyer as soon as possible. The attorneys at the Cottle Firm are experienced in handling foodborne illness claims in Las Vegas and can help you collect necessary evidence, consult medical experts, and navigate Nevada’s legal system.
There have been several high-profile food poisoning cases in Nevada over the years, including many that resulted in legal action from those affected.
In 2013, Firefly Tapas Kitchen & Bar was linked to a significant Salmonella outbreak. The Southern Nevada Health District (SNHD) reported that at least 330 individuals fell ill after dining at the restaurant. Investigations identified cooked chorizo as the likely source of contamination. The restaurant faced over 40 health code violations and was temporarily closed.
Sapovirus Outbreak Linked to Frozen Oysters
In November 2022, the SNHD notified the U.S. Food and Drug Administration (FDA) of two clusters of sapovirus illnesses among individuals who consumed oysters at a Las Vegas restaurant. Oysters imported from Dai One Foods Co., Ltd in the Republic of Korea were identified as the source of the outbreak. The FDA issued an advisory against serving or consuming these potentially contaminated oysters.
Beauty & Essex Wrongful Death Lawsuit
In April 2024, Abraham Kenneth Ezra Williams suffered a fatal allergic reaction after consuming spaghettini with pesto sauce at Beauty & Essex, a restaurant located inside The Cosmopolitan in Las Vegas. Despite informing the restaurant of his shellfish allergy, he was allegedly served pesto with shellfish traces.
Williams went into anaphylactic shock after just one bite and died shortly after. His family filed a wrongful death lawsuit against the restaurant and associated parties in December 2024, citing negligence in food preparation and emergency response.
If you recently became severely ill due to food poisoning at a Las Vegas restaurant, hotel, casino, or other business, you may be wondering about your legal rights. Depending on the circumstances, you could have grounds for a personal injury claim against the business that served you contaminated food. To learn more about your legal options, contact the experienced Las Vegas food poison lawyers of the Cottle Firm at 702-722-6111.
