Do you know someone who has been injured as a result of food poisoning? Is this person wondering if he or she has a case? Well, the answer will depend on the particular circumstances of the illness. Food poisoning lawsuits generally fall under the category of defective product liability claims, the idea being that you have been sold a defective product (food) that injured (poisoned) you. There are several theories of liability: Strict product liability, Negligence, and Breach of warranties. Safe eating everyone!