Yes, you can sue if you suffer food poisoning from a Florida food truck, provided you can prove that the food truck’s negligence caused your illness. Food truck operators are subject to the same food safety regulations as traditional restaurants, and failing to meet those standards can make them legally liable for your injuries.

Keep reading for more from our Florida premises liability attorneys, then contact us online or call (561) 655-1990 for a free consultation.

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Understanding liability for food truck food poisoning

Under Florida law, food trucks must comply with food safety standards outlined in Florida Statutes § 509.032, which regulate public food service establishments. If a food truck operator’s negligence leads to foodborne illness, they may be held liable for damages. Common causes of food truck food poisoning include:

  • Improper food handling: Failing to store or prepare food at the correct temperatures can lead to contamination.
  • Unhygienic practices: Employees who neglect basic hygiene, such as handwashing, can spread harmful bacteria or viruses.
  • Contaminated ingredients: Using spoiled or improperly sourced ingredients increases the risk of foodborne illness.
  • Cross-contamination: Allowing raw and cooked foods to come into contact can result in bacterial transfer.

Proving liability in food truck food poisoning cases

To succeed in a claim against a food truck, you must establish the following:

  1. The food truck owed you a duty of care: Food trucks are legally required to serve food that is safe for consumption.
  2. The food truck breached that duty: This could involve violations of food safety regulations, such as failing inspections or improper food handling.
  3. The breach caused your illness: You must demonstrate a direct connection between the food you consumed and your food poisoning.
  4. You suffered damages: These may include medical expenses, lost wages, and pain and suffering.

Evidence such as medical records, receipts, witness statements, and health department inspection reports can strengthen your case.

Compensation for food truck food poisoning

Victims of food truck food poisoning may recover compensation for:

  • Medical expenses: Costs for doctor visits, hospital stays, and medications related to the illness.
  • Lost wages: If you missed work due to your illness, you may recover lost income.
  • Pain and suffering: Compensation for physical discomfort and emotional distress caused by the foodborne illness.
  • Punitive damages: In cases of egregious negligence, additional damages may be awarded to punish the responsible party.

Steps to take if you experience food poisoning from a food truck

  1. Seek medical attention: Prompt treatment can help confirm the cause of your illness and create medical documentation for your claim.
  2. Report the incident: Notify the Florida Department of Business and Professional Regulation (DBPR), which oversees food truck inspections and compliance.
  3. Preserve evidence: Keep receipts, food samples (if possible), and documentation of your symptoms.
  4. Consult an attorney: An experienced personal injury attorney can investigate the incident and determine whether you have a viable claim.

Lytal, Reiter, Smith, Ivey & Fronrath is here to help

At Lytal, Reiter, Smith, Ivey & Fronrath, we understand the complexities of food truck food poisoning cases. Our legal team will investigate the circumstances of your illness, gather evidence, and build a strong case to hold the responsible parties accountable. We are dedicated to securing the compensation you deserve.

Contact us for a free consultation

If you’ve suffered food poisoning from a Florida food truck, don’t hesitate to seek legal guidance. Contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990 for a free consultation. Let us help you navigate the legal process and protect your rights.

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