What if a Restaurant Denies Responsibility for Food Poisoning?

 Posted on November 23, 2025 in Food Poisoning

After being served bad food at a restaurant and subsequently suffering from food poisoning, it is natural to want some kind of remedy for your damages. When the restaurant denies all responsibility, getting compensation can feel like an uphill battle. In situations like these, the counsel of an Illinois food poisoning attorney can prove invaluable.

A restaurant denying liability does not mean your case is unwinnable – far from it. At Newland & Newland, LLP, we have experience investigating outbreaks of food poisoning as well as individual cases, and we can gather evidence to support your claims. We will aggressively dispute the restaurant’s claim, fighting to recover losses for medical expenses, lost wages, and more.

Identifying Food Poisoning From a Restaurant

If you start experiencing common symptoms of food poisoning, such as vomiting, fever, stomach pain, or diarrhea, the first thing you should do is see a doctor as soon as you can. This ensures that even if the restaurant denies that you were poisoned, you still have a medical record of your illness and a formal diagnosis. Our firm can investigate a wide variety of food poisoning cases, including, but not limited to:

• Norovirus

• Salmonella

• Shigella

• E. coli

• Listeria

Once you have identified the exact illness, it will be easier to trace back the cause to the food that you ate, strengthening your case.

Proving Liability When a Restaurant Denies Food Poisoning

Even when confronted with evidence of food poisoning in the form of a diagnosis, a restaurant may still refuse to admit liability. At this point, calling a state or county health department may be a necessary step.

Calling the health department after food poisoning serves multiple purposes. First and foremost, it helps to protect other people who may be at risk of being served contaminated food. Secondly, an investigation conducted by the health department often yields critical information that can point to liability. For instance, an investigation may reveal improper food storage or hygiene practices.

Negotiating for Compensation With a Restaurant

When you have enough evidence to confidently assert that a restaurant was responsible for your food poisoning, you can begin negotiating for a settlement with the restaurant’s insurer. During these negotiations, having an attorney at your side is critical for protecting your interests.

Our firm will review any settlement offer to make sure it reflects all of the compensation that you are entitled to under Illinois law (735 ILCS 5/2-1115.2). Your claim for compensation may account for medical expenses, lost wages, pain and suffering, and more. If the insurer will not pay you what you are owed, we can take your case to trial and argue for a fair verdict on your behalf.

Contact an Illinois Food Contamination Lawyer

At Newland & Newland, LLP, we know that restaurants often deflect blame to avoid taking responsibility for their negligence, and we go to great lengths to help our clients build a solid case. To schedule a free consultation with our Illinois food poisoning attorneys, call our offices at 312-981-0409 today.