Who Is Liable for Food Poisoning From Delivered Food?

 Posted on December 05, 2025 in Personal Injury

Nobody places a food delivery order and expects to get food poisoning. However, when it happens, it raises questions about who should take responsibility for the resulting damages. What are your rights? Who is liable for food poisoning from delivery? In Illinois, you may be able to recover compensation if someone’s carelessness caused your illness. Our experienced Rolling Meadows, IL food poisoning lawyers can help you understand your options and build your claim against the responsible party.

Can You Sue for Food Poisoning From Delivery in Illinois?

Under the Illinois Food Handling Regulation Enforcement Act, restaurants and food workers must follow strict sanitation and temperature control rules. These laws help prevent bacteria and viruses from growing in food, and the rules apply to dine-in, takeout, and delivery orders. If a restaurant ignores these safety standards and you become ill, it may be legally responsible.

The Illinois Food, Drug, and Cosmetic Act also makes it illegal to sell spoiled or contaminated food. This law covers how food is labeled, stored, and transported. When a company fails to meet these requirements, that failure can be considered negligence, meaning they did not take reasonable care to keep customers safe.

Who Can Be Held Responsible for Food Poisoning From Delivered Food?

Many people or companies can be involved in the process of getting food from a kitchen to your door. Each one has a legal duty to handle food safely. Depending on where the contamination happened, one or more of the following may be held responsible.

The Restaurant or Kitchen

Restaurants are often the main source of contamination. Food can become dangerous if employees do not wash their hands, cook food to the right temperature, or keep raw meat separate from ready-to-eat items. These mistakes can allow bacteria, such as Salmonella or E. coli, to grow.

The Delivery Driver or Company

Delivery drivers and third-party companies like DoorDash or Uber Eats also have a responsibility to keep food safe. Food must be kept at the right temperature during delivery to remain safe. If it is left unrefrigerated for too long or handled in unsanitary conditions, it can become contaminated. If the company fails to train its drivers or provide clean storage bags, it may share responsibility for your illness.

The Food Supplier or Distributor

Sometimes, contamination starts long before the food reaches the restaurant. A supplier or distributor may mishandle ingredients during storage, packaging, or shipping. When these businesses fail to keep food properly labeled and free from contamination, they can be held liable for harm caused to consumers.

What Evidence Helps Prove a Food Poisoning Claim?

To win a food poisoning case, you must show that the food you ate caused your illness. That can be challenging, especially without legal representation. The following evidence can help support your claim:

• Medical records of a foodborne illness diagnosis

• Receipts or app records showing when and where you ordered the food

• Leftover food or packaging that can be tested for contamination

• Statements from others who ate the same food and became sick

• Health department reports showing food safety violations

A personal injury lawyer can help collect this evidence and work with medical experts who can link your illness to the contaminated food.

Schedule a Free Consultation With an Arlington Heights, IL Personal Injury Attorney

At Newland & Newland, LLP, our attorneys bring many decades of combined experience to every case. We are local lawyers with a deep passion for our community. Most importantly, we understand the laws that govern these cases and the need for experienced legal representation.

If you or someone you love became sick from delivered food, contact our Rolling Meadows, IL food poisoning lawyers today at 847-797-8000 for a free consultation. We will fight for accountability and fair financial compensation.