Can a Restaurant Be Held Liable for Serving Moldy Food?

 Posted on August 28, 2025 in Food Poisoning

The last thing you want to see at a restaurant is food with a moldy patch on it. Even worse, if you unwittingly ate food contaminated by mold, you could suffer serious adverse effects. To hold the restaurant accountable for your damages, consider working with an Illinois food poisoning lawyer.

At Newland & Newland, LLP, our team consists of experienced, aggressive attorneys who are ready to investigate a restaurant for food poisoning on your behalf. In our firm’s history, we have helped victims recover millions in food poisoning verdicts and settlements, from individual cases to food poisoning outbreaks. We will seek full compensation for any damage you suffered from being served moldy food.

How Does Mold Spread in Food?

Oftentimes, the root cause of moldy food can be traced back to improper storage. According to the USDA, humidity and warmth can give rise to mold growth. Food left on a kitchen counter in the heat for too long may be exposed to airborne spores. Even inside a refrigerator, mold can still grow on food that is not covered by a lid or wrapping.

If you see visible mold on the surface of your food – such as gray fuzz on fruits or green spots on bread – do not assume that it is safe to eat around it. The fungi may have already spread roots below the surface, alongside invisible bacteria.

What Damages Can Mold Food Poisoning Cause?

Taking an accidental bite of mold-contaminated food is unlikely to result in serious health complications. Moldy food is often described as having a repellent, earthy taste that will probably cause you to gag or spit out the food. Even if you swallow it inadvertently, your stomach acid can break it down. When ingested in large quantities, you may experience nausea, cramping, or indigestion.

Some molds are more dangerous than others, however. Some carry mycotoxins, which can cause respiratory problems or a weakened immune system, among other adverse effects. If you feel sick after eating moldy food, be sure to see a doctor as soon as possible.

Taking Legal Action Against Mold Food Poisoning

In order to hold a restaurant liable for serving moldy food, you have to prove that the food was contaminated and that it made you sick. At Newland & Newland, LLP, our lawyers can help you gather proof to support your claim. We will help you seek compensation for various damages defined under Illinois law 735 ILCS 5/2-1115.2, which may include:

• Pain and suffering

• The cost of a visit to the doctor

• Hospital bills

• Lost income

Our firm can help you file an insurance claim against the liable restaurant. If negotiations for a settlement break down, we are more than prepared to initiate a lawsuit in civil court on your behalf.

Meet With an Illinois Mold Poisoning Lawyer Today

Biting into mold-contaminated food can have unpredictable consequences. If you have suffered damages due to a restaurant’s unsanitary food handling, contact the Illinois food poisoning attorneys at Newland & Newland, LLP today. Call our offices at 312-981-0409 to set up a complimentary consultation.