Who Is Liable If a Restaurant Serves Recalled Foods?

 Posted on May 28, 2025 in Food Poisoning

It sometimes seems as though the U.S. Food & Drug Administration announces recalls of foods almost daily. The FDA issues allergy and food poisoning alerts and recalls for everything from undeclared milk and nut allergens to cucumbers contaminated with salmonella. Before realizing the risks, restaurants may have purchased and served these foods.

If you became ill or suffered an allergic reaction due to contaminated foods in a restaurant, you may wonder who is responsible for your damages. Several parties could be liable, and our knowledgeable Illinois food poisoning attorneys can hold all of them accountable.

What Is Salmonella?

Salmonella is a harmful bacterium that is often the cause of foodborne illnesses. Poultry, meat, and seafood can carry this bacteria, as can eggs, fresh produce, and dairy products. Symptoms of an infection usually appear within 12 to 72 hours. Fever, diarrhea, vomiting, nausea, and headaches are among the most common symptoms.

Foods can be contaminated with Salmonella in various ways. A lack of proper sanitization, unsafe food storage temperatures, and failure to wash hands during food prep are common. However, foods can be contaminated before they reach grocery store shelves or restaurant kitchens.

For example, hundreds of thousands of people were infected in a 1985 salmonella outbreak that originated in Illinois. The suspected cause was Salmonella growth on the threads of a cap in a milk processing facility. More recently, cucumbers and cucumber products contaminated with Salmonella were recalled after being distributed in several states, including Illinois. The FDA is currently conducting an outbreak investigation, as several people have become ill. Many of them required hospitalization.

Do Recalls Mean a Grower or Manufacturer Is No Longer Liable for Contaminated Foods?

Some people think that a recall means the grower or other entity is not responsible for harm that comes from using the recalled food or products. That is not true. Recalls are issued to inform the public about safety issues, but they do not eliminate liability.

Who Is Responsible If I Eat Recalled Foods at a Restaurant?

Proving the grower’s liability may be easier when a recall has been issued. The restaurant could also share liability, particularly if it knew or should have known about the recall but still served the contaminated food.

As with most types of personal injury cases, an investigation needs to be conducted into your specific case of food poisoning. We need to establish a direct link between the recalled food and your illness. We will look for evidence showing that the restaurant was negligent, along with evidence that something in the food was in fact recalled.

A successful claim could provide damages for your medical care, lost income, pain and suffering, and other related losses. It takes a great deal of knowledge and resources to build a strong case. Skill is also needed to force the liable insurance company or companies to pay as much compensation as you deserve. We have what it takes to recover maximum compensation for you.

Discuss Your Case With Our Skilled Illinois Salmonella Lawyers Today

Whether you ate foods contaminated with salmonella at a restaurant or at home, our dedicated Illinois food poisoning attorneys will fight to secure the maximum compensation you are entitled to. Schedule your free consultation today. Call Newland & Newland, LLP at 312-981-0409 or contact us online.