Food Poisoning and Liability at Holiday Events: Who’s Responsible?

Holiday gatherings are supposed to bring joy, ugly sweaters, questionable gift swaps, and maybe one too many gingerbread cookies—not food poisoning. 

But every year, as office parties, neighborhood potlucks, classroom celebrations, and big family dinners roll out, so does one unwelcome guest: foodborne illness.

And while it might seem funny in hindsight to joke about “Barry’s infamous potato salad” taking out half the office, food poisoning can be serious. It can lead to emergency room visits, missed work, long-term health consequences, and medical bills that feel anything but festive.

So, who’s responsible when a holiday event goes from “ho-ho-ho” to “oh no no no”? Let’s unwrap it.

Why Holiday Events Are Prime for Foodborne Illness

Holiday events invite all the perfect conditions for food poisoning:

• Large batches of food sit out for hours.
• People cook dishes they’ve never attempted before.
• Potlucks introduce mystery origins (“Did they even wash their hands?”).
• Caterers and restaurants juggle an abnormally high volume of orders.
• And, of course, the annual “It’s probably fine” approach to room-temperature leftovers.

All it takes is one undercooked turkey, one contaminated cutting board, or one improperly stored seafood dish to ruin everyone's night.

When Is Someone Actually Liable for Food Poisoning?

Food poisoning isn’t always a simple case of bad luck. Sometimes, it’s the result of negligence, and that can mean someone may be legally responsible for your illness and related damages.

Here’s who could be liable:

1. Caterers and Restaurants

If the food came from a professional source, such as caterers, restaurants, grocery stores, bakeries, or meal services, they can be held responsible if:

• They used contaminated ingredients
• They failed to cook or store the food properly
• Employees didn’t follow health and safety protocols
• They served spoiled food

These businesses have a legal obligation to prepare food safely. When they don’t, and people get sick, they may be on the hook.

2. Event Hosts (Including Employers)

If your company hosted a holiday party, or someone rented a venue and hired food services, the host could be partially responsible, especially if they ignored clear food safety risks.

Examples include:

• Leaving food out for hours without refrigeration
• Hiring vendors with known safety violations
• Serving items past their expiration date
• Failing to ensure the space met health standards

Employers, in particular, have a duty to provide a reasonably safe environment for employees, even at after-hours functions.

3. Food Manufacturers

Sometimes the cause isn’t the cook; it’s the product itself. If the contamination came from a manufacturer (like bacteria in packaged meat, salads, dairy, or canned goods), the company that produced the food may be liable through a product liability claim.

4. Other Guests

While it sounds funny, if someone brought a dish that made you sick because they handled it negligently—for instance, raw chicken touched everything on their counter, or they left the mayo-based dip in their car all day—they could be responsible.

However, suing a coworker over their spinach artichoke dip is rarely the path anyone wants to take. Claims typically focus on businesses or event hosts, not individuals, unless the negligence was extreme.

Signs Your Illness May Be Linked to Negligence

You might have a case if:

• Many people got sick after eating the same food
• Your symptoms match a known foodborne pathogen
• A restaurant or caterer had recent health code violations
• The food smelled, tasted, or looked “off”
• The illness was severe enough to require medical attention
• You missed work or suffered long-term effects

Food poisoning isn’t limited to stomach aches. Serious cases can cause dehydration, kidney damage, long-term digestive issues, and even hospitalization.

What to Do if You Get Sick After a Holiday Event

If you think negligence caused your food poisoning, here’s what you should do next:

1. Seek medical care immediately – Not just for your health, but to document the illness.
2. Report the incident – To the host, employer, venue, or restaurant.
3. Save any leftovers, packaging, or receipts – They may help prove the source.
4. Write down what you ate, when symptoms began, and who else got sick.
5. Contact a food poisoning attorney at Morgan & Morgan – These cases can be complex and require expert investigation.
   
    

Compensation You May Be Entitled To

If someone’s negligence caused your illness, you may be able to recover compensation, including:

• Medical bills
• Lost wages
• Future medical care
• Pain and suffering
• Costs related to severe or long-term complications

A holiday mishap shouldn’t derail your health or your finances.

How Morgan & Morgan Can Help

At Morgan & Morgan, we take foodborne illness seriously, even when it strikes in the middle of an otherwise cheerful holiday season. 

We’ve handled cases involving restaurants, catering companies, manufacturers, hotels, and large events. Our attorneys investigate what went wrong, identify who’s responsible, and fight to get you the compensation you deserve.

If your holiday turned sour because of contaminated food, don’t shrug it off as bad luck. You may have a case, and we’re here to help.

Contact us today for a free, confidential case evaluation. We’re here for you this holiday season and every season after.