Can You Sue For Food Poisoning In Texas?

Posted September 23, 2025 | Personal Injury Blog

Food poisoning affects millions of Americans each year. The Centers for Disease Control and Prevention (CDC) estimates that 1 in 6 Americans falls ill from contaminated food each year. As loyal consumers, we expect food products to be safely vetted before sale. But circumstances can lead to food poisoning.

When contaminated food sends you to the hospital with a serious illness, you may have the right to sue for compensation. Texas law provides clear paths for food poisoning victims to seek justice. However, you must prove that contaminated food caused your illness and that your sickness was severe enough to warrant legal action.

In this article, we will explain how food poisoning cases are handled and how victims can get compensation.

Common Pathogens in Texas Food Poisoning Cases

Different bacteria and viruses cause food poisoning in Texas. Each type has distinct symptoms and sources. Knowing which pathogen made you sick helps prove where the contamination occurred.

Salmonella and E. coli outbreaks

Salmonella causes more food poisoning than any other bacteria, sending about 26,500 Americans to the hospital yearly. In Texas, it often spreads through chicken, eggs, and produce. 

Symptoms usually start 6 to 48 hours after eating contaminated food. E. coli poses another serious threat, causing about 3,600 hospitalizations nationwide annually.

Common sources include:

• Undercooked ground beef
• Raw dairy products
• Contaminated leafy greens
• Water tainted with animal waste

Listeria and other serious pathogens

While less common, Listeria causes more severe illness. Recent outbreaks have hospitalized nearly all infected individuals. Pregnant women, babies, elderly people, and those with weakened immune systems face the highest risk.

Other pathogens frequently seen in Texas include:

• Norovirus: Spreads quickly through sick food workers
• Campylobacter: Found in raw poultry
• Vibrio: Found in fish and shellfish

Legal Grounds for Food Poisoning Lawsuits in Texas

Texas treats food poisoning cases as product liability claims, which works in the victims’ favor. Under this approach, you don’t always need to prove the business was careless. You simply need to show that their food was contaminated when you ate it and that it directly caused your illness.

Your attorney can pursue your case using one of these three legal approaches:

• Strict liability: The food was dangerous when sold, regardless of the precautions taken
• Negligence: The business failed to handle or store food safely
• Breach of warranty: The food wasn’t safe to eat as promised

How to Know If You Have a Valid Case

Not every case of food poisoning justifies a lawsuit. Texas courts require evidence showing your illness caused real harm to both your health and finances. Minor stomach upset that clears up quickly won’t support a legal claim.

Severity of illness and medical documentation

Strong food poisoning cases typically involve serious medical consequences. These include:

• Hospital stays
• Ongoing doctor visits
• Lasting health problems

Courts need to see that your illness went beyond typical symptoms and caused measurable damages.

Medical records serve as crucial evidence in your case. Your doctor’s diagnosis connects your symptoms to food poisoning rather than other causes. Lab tests identifying specific bacteria strengthen your claim significantly. Keep all documentation from emergency rooms, hospitals, and follow-up appointments.

Time limits and statute of limitations

Texas law gives you 2 years to file a food poisoning lawsuit. This deadline usually starts when you ate the contaminated food or when you discovered it caused your illness. Missing this deadline means losing your right to sue, even with perfect evidence.

Some foodborne illnesses take days or weeks to appear. The law accounts for these delays, but you should document when symptoms first appeared. Contact an attorney promptly to protect your rights.

Proving Your Food Poisoning Case

Success in a food poisoning lawsuit requires solid evidence. This can be challenging since people eat many different foods daily.

Establishing the source of contamination

To build a food poisoning case, you need evidence connecting your illness to a specific meal or food item. This becomes easier when others get sick from the same source.

Important evidence includes:

• Receipts showing where and when you bought food
• Leftover food samples for testing
• Lab test results from stool or vomit samples
• Health department investigation reports or food recalls
• Statements from others who ate the same food

Working with health department investigations

Health departments investigate when multiple people report similar illnesses. These investigations help identify contamination sources and create official records supporting your case. Report your illness to local authorities as soon as possible.

Investigations typically involve:

• Interviewing sick individuals
• Inspecting establishments
• Testing food samples
• Tracking the contamination source

These official findings often provide crucial evidence for your lawsuit.

Steps to Take After Food Poisoning

Taking the right steps immediately after food poisoning protects both your health and legal rights. Quick action preserves evidence and strengthens your potential lawsuit while ensuring you get proper medical care.

Essential steps include:

• Getting help right away for severe symptoms like bloody diarrhea, high fever, or dehydration
• Saving all receipts for food bought
• Keeping leftover food in sealed containers
• Photographing food packaging
• Writing down symptoms with dates and times
• Contacting your local health department promptly to create official documentation and protect others

Types of Damages You Can Recover

Food poisoning isn’t just uncomfortable; it can be painful and crippling. When food poisoning seriously disrupts your life, Texas law allows you to seek various types of compensation. 

The amount depends on how severely the illness affected your health and daily activities. Your attorney can help calculate all damages you suffered.

Medical expenses and lost wages

If your illness was caused by contaminated food, Texas law gives you the right to seek compensation for everything you’ve suffered. You can recover all medical costs related to your food poisoning. 

These costs may include:

• Emergency room bills
• Hospital stays
• Medications
• Doctor visits

If you need future treatment for complications, those costs count too.

Lost income and earning potential

Lost income represents another major category of damages. You may be entitled to compensation for:

• Wages lost while sick and recovering
• Income lost attending medical appointments
• Reduced earning ability if complications affect your work

Pain, suffering, and additional damages

Beyond financial losses, Texas courts recognize the physical and emotional toll of severe food poisoning. The worse your symptoms were and the longer they lasted, the more compensation you may receive.

Additional damages might include mental distress from the experience and loss of life enjoyment during recovery. In rare cases involving extreme carelessness, courts may award punitive damages.

How Fielding Law Can Help Your Food Poisoning Case

You have been through enough. At Fielding Law, we step in to take the pressure off. Our team carefully investigates the source of contamination and builds a clear path toward compensation.

Our attorneys handle negotiations with insurance companies and prepare for trial when necessary. We fight for full compensation. With offices in Mesquite, Texas, we know local courts and how to present compelling cases to Texas juries.

Don’t let food poisoning derail your life without seeking justice. Contact Fielding Law today for a free consultation about your case. We’ll walk you through your options and help you move forward with confidence.