If you think you or a member of your family is suffering from food poisoning or any other side effects after a food intake, you could file a food safety litigation lawsuit. If you suspect that the food you bought at a store or restaurant was contaminated, you could be entitled to compensation for the losses and illness you have suffered after eating that food.
Call your doctor immediately if you think you have food poisoning or an allergic reaction to food. If it is an emergency, call 911 right away.
In addition, you should contact your county or city health department if you think that you or someone you know became ill from eating a certain food. Reporting the illnesses from food safety litigations to your local health department will help them identify all the potential outbreaks of foodborne disease. They will investigate and control the outbreak to prevent more people from getting sick. They will also take further measures to prevent similar outbreaks from happening in the future.
You are allowed to file a food safety lawsuit if you are suffering from a serious illness, such as:
According to the U.S.Department of Health and Human Services, food safety has six main objectives. They are:
The law allows victims of food poisoning and more to file a food safety litigation lawsuit against the restaurants, grocery stores, or foodservice companies responsible for the illness. Potential damages include compensation for:
When a food service company offers food with bacteria or other pathogens, the consumer won’t be able to know whether it was the restaurant or the supplier that was responsible for food poisoning. Still, under the law, a person injured by food poisoning may be able to file a food safety litigations lawsuit according to the product liability laws.
Under product liability laws, anyone who manufactures or sells a defective product is strictly liable for all the injuries caused, even if that person or company was not negligent.
In food poisoning cases, a plaintiff will generally need to prove four things to get a fair food safety settlement:
Foodservice companies include those that provide a wide range of ingredients and food to restaurants. These include those that sell packaged foods like salads and sandwiches. This could include grab-and-go type foods sold at grocery stores, gas stations, or the airport. These meals are often prepared in large facilities and distributed across the area. Just like with other restaurants, using contaminated food products or employees mishandling food could result in customers getting sick.
Selling expired groceries may not be enough to file a food safety lawsuit in 2025 against the grocery store. However, if the grocery store sells expired food that caused you to get sick, the store may be liable for all your injuries. Under product liability laws and negligence laws, the grocery store is responsible for selling or providing contaminated food that results in harm to the customer. The manufacturer or supplier of the product can also be held liable in a food safety claim.
Moreover, even if you purchased expired food from the grocery store, you may be able to return your purchase to the store for a refund. Therefore, if the store does not offer a refund, you may be able to file a food safety litigation lawsuit in small claims court. However, you cannot file a personal injury lawsuit against a grocery store for selling expired food unless you were injured or harmed as a result of your purchase.
According to the Food Safety Act, food is deemed adulterated if:
Note that the manufacture, sale, and offer for sale of any adulterated food is prohibited under the law.
So how do you protect yourself from consuming adulterated food? Here are some preventative ways.
For a successful food safety litigation lawsuit, the victim needs the support and assistance of a qualified lawyer who is familiar with litigating and investigating food safety issues, injuries, and damages.
At Ethen Ostroff Law, we can provide you with the best references for food safety lawyers in Philadelphia. Depending on your needs, we can find the right legal counsel, so you don’t have to worry about filing your claim. From gathering evidence to proving your entitlement to compensation, a trusted food safety attorney will be with you every step of the way.
What are you waiting for? Contact Ethen Ostroff Law now at 610-510-8883 ( by calling this number, you consent to receive SMS updates from Ethen Ostroff Law) or Submit Form to get free consultation.
His career began in public service as a Surveillance Officer in Maricopa County, where he gained firsthand experience in high-stakes decision-making and developed a deep sense of discipline and accountability. He later served as Chief Operating Officer of a fast-growing law firm, driving efficiency, revenue growth, and team development. Today, Ryan focuses on helping law firms reach their full potential by aligning people, processes, and long-term vision. A strategic thinker and empowering leader, Ryan is passionate about developing others and guiding organizations through meaningful, lasting growth.
Effective Date: 10/15/2026
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