Who Is Liable for Food Poisoning From Food Deliveries?

 Posted on October 31, 2025 in Food Poisoning

The emergence of apps like Grubhub, Uber Eats, and DoorDash has made it much easier for people to get food delivered to their doorsteps. Unfortunately, this also comes with the risk of contamination and illness. If you have contracted a foodborne illness after eating delivered food, an Illinois food poisoning attorney can investigate your case and take legal action against the liable parties.

At Newland & Newland, LLP, we have the experience and knowledge to investigate complex food poisoning claims, including incidents involving food delivery services. Our attorneys will seek full compensation for your damages, whether through negotiations for a settlement or litigation in a trial.

Types of Food Poisoning From Delivered Food

Any delivered food has the potential for contamination. Some examples include:

• E. coli: This illness can be spread through infected intestines, often found in ground beef.

• Campylobacter: This infection may result from eating undercooked poultry.

• Salmonella: Cases of salmonella can be traced back to eating raw seafood or undercooked eggs.

• Shigella: This disease can spread when food comes into contact with stool particles.

Keep in mind that the bacteria that cause food poisoning can happen at any point before it reaches your plate, from the processing stage to final delivery. If you start to experience adverse symptoms after eating delivered food, see a doctor to confirm whether or not you have been poisoned. 

Can Delivery Drivers Be Held at Fault for Food Poisoning?

A delivery driver could be named as a liable party in a food poisoning case, but that depends on the specific circumstances of your case. When you file a claim for compensation, the burden of proof is on you to demonstrate that the delivery driver acted negligently and caused your poisoning (735 ILCS 5/2-1116). For instance, a delivery driver could be held liable if he or she broke a seal on the bag to eat some of the food inside, potentially exposing you to harmful germs.

Holding the driver liable may be difficult when there is no readily available evidence. Our firm can look into the incident on your behalf, looking for proof to support your claim.

Can a Restaurant Be Held Liable for Food Poisoning from a Delivery Order?

In some situations, the restaurant may share part or all of the blame for a delivery food poisoning incident. This occurs when restaurant staff exhibit negligence during food preparation, often in the form of cross-contamination, where bacteria are transferred to food from an unclean surface. To give an example, many salmonella cases arise from a failure to sanitize food preparation surfaces or separate raw meats from other foods.

Hygiene practices at a restaurant can also play a role in food poisoning cases. Even before the food is sealed and delivered to your residence, if the staff did not wash their hands before preparing your food, the risk of contamination increases.

Contact an Illinois Food Poisoning Lawyer

If you have gotten sick after eating delivered food, reach out to Newland & Newland, LLP for legal assistance and counsel. Our Illinois delivery food contamination attorneys are available for free consultations at 312-981-0409.