Virginia Food Poisoning & Food Allergy Lawyers

Not sure you have a case?

We’re here to help make that determination.

Legal Representation for Catastrophic Foodborne Illness & Severe Allergen Negligence

When a restaurant, caterer, or food manufacturer cuts corners on safety or ignores clear allergy instructions, the medical consequences can be devastating.

At Burnett & Williams, we represent individuals across Virginia who have suffered severe, hospital-grade illness or life-threatening anaphylactic reactions due to food industry negligence.

Case Criteria: We focus specifically on high-severity claims involving emergency room or ICU hospitalization, laboratory-confirmed pathogens (E. coli, Salmonella, Listeria), or severe anaphylactic shock. We do not handle mild, 24-hour stomach bugs that resolved without diagnostic lab work.

Call (800) 969-1650 for a free, confidential case evaluation.

“When someone specifically tells a restaurant about a serious allergy, they are relying on the staff to take that warning seriously. A single mistake can have devastating consequences.”

Kimberly J. Raab Attorney, Burnett & Williams

Severe Food Allergies & Restaurant Negligence

For individuals with life-threatening allergies, a kitchen mistake is an immediate medical emergency. Actionable claims typically involve:

Failure to disclose ingredients:

Providing inaccurate information about known allergens.

Cross-contamination:

Transferring allergen proteins via unwashed surfaces, shared fryers, or utensils.

Ignored order instructions:

Serving allergen-laden food after explicit requests for allergy-safe preparation.

Virginia Law Note

Under Virginia’s strict pure contributory negligence rule, being found even 1% at fault can bar financial recovery. Proving that you explicitly notified staff and followed standard precautions is vital to overcoming defense claims.

Serious Food Poisoning & Contamination

We handle cases involving severe bacterial, viral, and toxic food contamination, including:

E. coli (STEC / O157:H7):

Can cause acute kidney failure (Hemolytic Uremic Syndrome / HUS).

Salmonella & Listeria:

Can lead to bloodstream sepsis, reactive arthritis, or life-threatening complications in vulnerable populations.

Campylobacter, Botulism, & Hepatitis A:

Linked to long-term neurological damage, severe dehydration, or liver impairment.

Proving Fault Under Virginia Law

Under Virginia Code § 8.2-314 (Implied Warranty of Merchantability) and common law negligence, commercial food sellers have a legal duty to provide food fit for human consumption.

“These cases depend on evidence that disappears quickly. Identifying what was eaten, where it came from, who else became ill, and what diagnostic testing showed is critical.”

Jonathan Slater Attorney, Burnett & Williams

Essential Evidence for a Claim:

Diagnostic Medical Records: Positive blood/stool cultures and hospital discharge records.
Proof of Purchase: Receipts, delivery app orders (DoorDash, UberEats), or bank statements.
Official Outbreak Data: Health inspection logs and Virginia Department of Health (VDH) or CDC recall notices.

Steps to Take Immediately

Get Medical Care: Insist on formal diagnostic stool or blood testing.

Preserve Evidence: Save leftover food (freeze if possible), packaging, and receipts.

Document Details: Record dates, meal times, symptom onset, and all conversations with staff.

Report the Incident: File a complaint with the local Virginia Department of Health district.

Consult an Attorney: Speak with legal counsel before giving recorded statements to insurance adjusters.

Speak With an Experienced Virginia Trial Attorney

With over 35 years of trial experience, Burnett & Williams provides direct, personalized attorney access for complex injury claims—never assembly-line settlement handling.

No Win, No Fee: We handle cases on a contingency fee basis.

Free Consultations: Call (800) 969-1650 or contact us online.
Offices serving clients throughout Virginia: Leesburg, Midlothian, Orange, Winchester, Culpeper, Hopewell, and Richmond.