chinese take out: I went to the chinese take out that i sometimes go to and before I ordered i told the girl that last time there was some bony chicken in my general tso and asked if i could get white meat. she obliged and yelled my order back. I took the food back and ate about 60% of it, as it tasted a little heavy and was starting to make me feel tired. I thought nothing of it, but when I got home from work a few hours later I threw up about 15 times over 6 hour period (to say the least) and was sick subsequently for about 2 days. I know the food made me sick and I still have leftovers in the styrofoam container in my fridge. Is there any way I can get financial recourse for food poisening of the food is tested to be toxic? Thanks.|||Food poisoning has a 12 hour latency period, so you better make up a better story. You can test all you want, but unless you have preserved the leftovers properly, like a laboratory would, so as to add nothing and delete nothing, any test will be meaningless.|||You can sue if you can prove that the food was the cause of your illness. Its not as easy as it sounds. The fact that you have the leftovers helps. But even if you sue, you're looking at a couple hundred bucks, tops. You might want to call your local health department and report it to them. They might test the food for you and save you the time and money. Then you can decide whether its worth pursuing or not.|||Proving that this food got you sick is going to be very difficult. If this food has been sitting in your fridge since you got sick, it is possible other toxins have developed in your food not related to anything the restaurant did. You will have a very tough time actually proving this, especially with take-out food. You must show that you actually had food poisoning (something in the food got you sick) and that the food you received made you sick as a result of something the restaurant did.|||You should report them to the health department, who will then inspect the place and their kitchen. I don't think that temporary illness can get you a successful lawsuit ... and either way, it would be too costly to file a lawsuit and prove it (lawyers, experts, lab tests, etc.). You'd never be awarded enough to make up for what it would cost you to prosecute it.|||This is tough to prove, number one the food has been in you fridge for how long? We know at least three day which would make it toxic Plus you have to prove you ate nothing before this at all. What you can do is call the health department and tell them what happened to you and then get a copy of the health report if they fail and use this it has more power in the courts. Also you did not state if you were seen by a Doctor or treated, if you were and have the diagnoise of food poisoning you will need copies of all the medical information.|||It will be tough. You're not injured. And proving causation is challenging. A letter to the BBB would be in order, though.|||Yes. It shows a) they are getting contaminated food or b) they aren't cooking the food properly. It is their duty to make sure the food is either clean, or well-prepared.|||You're not going to have grounds for a lawsuit. Firstly, you would have to prove they were either negligent in preparing your food, or that they intentionally gave you tainted food. Something that will be nearly impossible to prove. Secondly, as others have said, you are going to have to prove that you didn't eat anything or have an illness prior that could have caused that. Also, you say it is sitting in a styrofoam container in your fridge. If you sent it away to get it tested it will show bacteria grown after the fact. You won't win anything and will be wasting time and money.