Suing For Food Poisoning

By Amy E. Feldman

PHILADELPHIA (CBS) - If you got sick from food poisoning, can you sue?

The family of a West Virginia couple filed a lawsuit last month claiming bad meatloaf they ate in 2012 killed them. The wife, who had prior health issues, succumbed two months after eating the alleged bad meatloaf; her husband was weakened but lived for two years before passing away.

In this holiday season of too much food and too many stomachaches, people wonder if they can sue for food poisoning.

You can, but you have to prove two things in order to win your lawsuit: the food you ate was contaminated, and the contamination made you sick.

If there was an outbreak of food poisoning, it's easier but where you're the only one who suffered it's tougher to pinpoint especially because you often don't get sick for many hours after eating the contaminated food and you may have eaten other things in between - or be suffering from other health issues.

Finally, remember that while the West Virginia case was against a restaurant, many instances of food poisoning happen at people's homes and while you can sue a host for food poisoning, it might not be wise to do so. Thanks for Thanksgiving dinner, Nana. See you in court before Christmas dinner.