Food Poisoning Cases
Las Vegas, Nevada
Food poisoning lawsuits
When food poisoning causes your illness and injuries, you could be eligible for compensation for medical bills, loss of income, out-of-pocket expenses, pain and suffering, and emotional distress. Call us at 702-432-1000 to speak with a food poisoning lawyer directly. Often on the phone, we can tell you if you have a liability claim and the steps to take next.
What is food poisoning?
Food poisoning is a generic term referring to any illness caused by contaminated food. When germs get on food - that food is considered contaminated.
Bacteria, viruses, parasites, or toxins may cause food poisoning or contamination.
You may have a legal claim if you recently ate in a Las Vegas restaurant and became ill because of food poisoning.
Do you have a case?
To prove that you have a case, a food poisoning lawyer has to show that the food you ate was indeed contaminated and that eating that food made you ill. Proving the connection between the food you ate and contamination is easier when the government health agency announces the disease outbreak caused the food poisoning in your area (e.g., the 2013 Salmonella outbreak in Las Vegas, Nevada.)
Food poisoning as a personal injury claim
Food poisoning lawsuits fall into the negligence, product liability / personal injury category.
Like most personal injury claims, a food poisoning claim deals with two main issues:
- Who is liable?
- What are the damages?
Duty of care
Before any negligence claim can move forward, the victim must show that the Las Vegas company owed them what is called a "duty of care." A Las Vegas hotel or casino only owes you a duty of care if you stayed at their resort or used their services (i.e., eating at their restaurants.) Therefore, keeping accurate documentation of your visit is crucial.
Documentation can be in the form of:
- Bank records
- Credit card bills
- Casino e-mails
- Casino receipts, as well as other methods
You need some objective source of proof that shows you were there. If you have some leftovers from foods that you suspect caused illness, they can be tested to determine the source of your illness.
Although there are hundreds of different kinds of food poisoning, two of the most common and feared are E. Coli and Salmonella. Also, in 2011 and 2012, Las Vegas had Legionnaires Outbreaks.
Food poisoning: E. Coli
E. Coli is a naturally occurring bacteria found in the intestines of animals. Although most strains of E. Coli are harmless, the E. Coli that produces the deadly Shiga toxin is the most dangerous in the United States and is responsible for tens of thousands of illnesses in the United States every year.
Some of these illnesses result in serious hospitalizations for E. Coli and even cause death. E. Coli lurks in all foods and beverages in even the most high-class restaurants. Invisible, odorless, and tasteless, E. Coli is a silent killer.v
Food poisoning: Salmonella outbreak in Las Vegas in 2013
With about 42,000 reported cases in the United States alone, Salmonella is one of the most prevalent foodborne illnesses in the United States.
On April 26, 2013, more than 294 people were affected by the Salmonella outbreak in a Las Vegas restaurant called Firefly. The health officials closed the restaurant due to reports of illness.
In 2013 Heshmati & Associates successfully handled six (6) food poisoning cases caused by Salmonella food poisoning at the Firefly restaurant.
Food poisoning: Legionnaires outbreaks in Las Vegas
Legionnaires' disease is a severe form of pneumonia caused by a bacterium known as legionella. There have been many Legionnaires disease outbreaks on the Las Vegas Strip in the past.
On July 14, 2011, the Legionnaires outbreak had authorities looking into the Aria Hotel. On January 30, 2012, an outbreak affected guests staying at the Luxor Resort and Casino.
Statute of limitations in Nevada
In Nevada, the statute of limitations for a food poisoning claim is limited to 2 years, the same as any other personal injury case.
We can help
If you plan to file a lawsuit against food distribution companies, restaurants, hotels, grocery stores, schools, or others, call at 702-432-1000 to speak with a food poisoning lawyer and learn what your legal options are.
Like all other claims in the personal injury category, Heshmati & Associates take all food poisoning cases on a contingency basis, which means that there is no out-of-pocket expense to you, and you only pay when we settle your claim.
Our clients live in Las Vegas, Henderson, North Las Vegas, Summerlin South, Boulder City, Laughlin, Mesquite, Clark County, and throughout the surrounding areas of Nevada. We also serve tourists who are vacationing in Las Vegas.
Walk-ins are welcome.
Last updated on January 31, 2024.
Additional Resources:
Food Poisoning
- Center for Decease Control and Prevention - You should report all food poisoning incidents to the Center for Disease Control and Prevention.
