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Legal Smart: Food poisoning

Studies show that nearly 1 in 6 people will get food poisoning each year and more than 200,000 are hospitalized and over 3,000 die.

But how do you know when food poisoning can warrant a lawsuit that you'd likely win?

"Generally speaking.. you have to prove two things in order to have a successful lawsuit.. the food you ate was contaminated and that contamination made you sick," legal expert Alison Triessl said.

She said the case is made stronger if a large group of people get sick from the same types of foods you ate.

But before thinking of a lawsuit, remember to be legal smart, and make sure the fever justifies the finances it takes to go to court.