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From a legal perspective, you would have the burden of proving the elements of negligence in order to win a judgment against the restaurant.
*Does the restaurant have a duty of care towards its guests?
YES - they have a duty to act prudently in preventing illness or injury in the operation of their business
*Was there a breach of this duty in this case?
MAYBE - unclear from the article. You would have to prove the specific act that constituted the breach of duty of care
*Did the act directly cause the harm?
YES - it seems clear that whatever took place in the restaurant caused your illness
*Damages?
YES - mainly medical costs incurred
This is the analysis we learned in law school. In reality your attorney would indeed have to prove these elements, so it's no slam dunk, but the cost to you in time, aggravation and money would not nearly be worth it. Personally, I value my time too much to get bogged down in something like this.
You got food poisoning, it happens, so just let it go.
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99 BMW 528
68 Land Rover Series IIa - 0-60 all in the same week
86 Carrera Coupe, sold, missed
"If a woman has to choose between catching a fly ball and saving an infant's life, she will choose to save the infant's life without even considering if there is a man on base." - Dave Barry
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