Your next steps if you get food poisoning from an Illinois food truck

Personal Injury - March 20, 2025 by Horwitz, Horwitz & Associates

When food safety standards are not followed, customers can suffer from foodborne illnesses caused by bacteria, viruses, or toxins in improperly prepared or stored food. If you experience food poisoning from an Illinois food truck, knowing your rights and how to pursue compensation for your medical expenses, lost wages, and suffering is important.

At Horwitz, Horwitz & Associates, we help victims of foodborne illness hold negligent food vendors accountable. This guide, created by our skilled Chicago personal injury attorneys, walks you through your next steps if you suspect food poisoning from a food truck and explain how Illinois law protects consumers.

Step 1: Recognize the symptoms of food poisoning

Foodborne illness can develop within hours or days of eating contaminated food. Common symptoms include:

• Nausea and vomiting
• Severe stomach cramps
• Diarrhea (sometimes bloody)
• Fever and chills
• Dehydration
• Headaches and muscle aches

Certain severe infections, such as salmonella, E. coli, norovirus, and listeria, can cause hospitalization or even life-threatening complications.

If your symptoms last more than 48 hours, worsen, or include dehydration or high fever, seek medical attention immediately.

Step 2: Seek medical care and document your illness

If you suspect food poisoning, getting medical care is crucial for your health and for documenting your illness in case you pursue legal action.

• Visit a doctor or emergency room if symptoms are severe.
• Request stool tests or blood tests to confirm the presence of foodborne pathogens.
• Obtain copies of all medical records, prescriptions, and test results to document your condition.

Medical documentation links your illness to the food truck and serves as evidence in a personal injury claim.

Step 3: Report the food poisoning to health authorities

Illinois law requires food trucks to follow health and safety regulations. If a food truck caused your illness, reporting it helps prevent future outbreaks and supports your legal claim.

How to report a foodborne illness in Illinois

1. Contact the Illinois Department of Public Health (IDPH): Call (217) 782-4977 or file a complaint online at IDPH Food Safety.
2. Notify your local health department:

• Chicago: Call 311 or visit Chicago Food Protection.
• Cook County: Report at Cook County Foodborne Illness.

1. Save your receipt: If possible, keep proof of purchase from the food truck.

Health inspectors may investigate the food truck, collect food samples, and check for violations such as:

• Improper food storage temperatures
• Cross-contamination of raw and cooked foods
• Unhygienic food handling practices

A health department report can serve as critical evidence in your case.

Step 4: Gather evidence to support your claim

To prove liability, you need solid evidence linking your food poisoning to the food truck.

Take photos or videos of:

• The food you ate (if possible)
• The food truck’s location and condition
• Your symptoms (if visible, such as vomiting or skin reactions)

Collect witness statements:

• If others ate the same food and got sick, their statements support your case.
• Ask friends or family members who were with you to describe the food truck’s cleanliness.

Keep receipts and medical records:

• Proof of purchase and medical treatment records help prove financial damages.

Step 5: Determine liability in a food truck food poisoning case

Under Illinois food safety laws, food vendors must follow strict health codes. If a food truck fails to properly handle, store, or prepare food, they may be liable for your illness.

Potentially liable parties

• The food truck owner/operator – If they violated sanitation laws or used expired/contaminated ingredients.
• The food supplier or distributor – If tainted food was sold to the truck before preparation.
• A third-party event organizer – If the food truck was hired for an event, event organizers may share liability.

Illinois food safety laws

Illinois enforces strict food handling laws under:

• Illinois Food Handling Regulation Enforcement Act (410 ILCS 625/) – Requires proper food storage, temperature control, and hygiene.
• Cottage Food Operation Law (410 ILCS 650/) – Regulates how vendors prepare and sell food at public events.

Violating these laws may be evidence of negligence, strengthening your case.

Step 6: Contact an experienced food poisoning lawyer

Food poisoning cases are difficult to prove without legal help. At Horwitz, Horwitz & Associates, we will:

• Investigate the food truck’s history of violations and previous complaints.
• Work with medical experts to link your illness to the contaminated food.
• Negotiate with insurance companies to maximize your settlement.
• File a lawsuit if necessary to recover full compensation.

If you suffered severe illness, hospitalization, or long-term complications, you may be entitled to damages, including:

• Medical expenses – Doctor visits, hospitalization, prescriptions, and future treatments.
• Lost wages – If you missed work due to illness.
• Pain and suffering – Compensation for your physical and emotional distress.

Recent cases of food poisoning in Illinois

How much time do I have to file a food poisoning claim in Illinois?

Illinois law sets a two-year statute of limitations (735 ILCS 5/13-202) for personal injury claims. This means you must file your lawsuit within two years of getting sick.

However, if the food poisoning involved a government-run event, you may have less time to file a claim. Act quickly to protect your rights.

Hold negligent food vendors accountable – Get the compensation you deserve

Food poisoning from a food truck can leave you seriously ill and financially burdened, but you have legal options. If a negligent food truck operator caused your illness, you may be entitled to compensation for medical expenses, lost income, and suffering.

At Horwitz, Horwitz & Associates, we hold reckless food vendors accountable and fight for the justice you deserve. Contact us today at (800) 985-1819 for a free consultation, and let us help you get the compensation you need to recover.