QUESTION

Can I sue restaurant for a food additive that triggered my ADHD?

Asked on Dec 10th, 2013 on Personal Injury - Idaho
More details to this question:
I just got diagnosed with ADHD and I believe it may have something to do with the food coloring yellow no.5 as I only eat at a certain Indian restaurant (or all home-cooked whole foods). I once tried sending a sample of their food to an independent lab and found out food coloring was in their food. The yellow no.5 they used is likely linked to my ADHD from clinical research. Is there any way I can sue them for not informing me that food coloring yellow no. 5 was added to their "food made with 100% Indian spices" misleading claim on their menu?
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7 ANSWERS

Edwin K. Niles
If you have a doctor who will so testify..
Answered on Dec 16th, 2013 at 5:01 PM

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Ronald A. Steinberg
The burden is on YOU to prove it. If you can get competent testimony from qualified medical experts to say that it is related, then you have a chance. However, you have to prove that you told the restaurant in advance of being served the food that you have that particular allergy, and if you did not warn them, then you have no legal basis for the claim.
Answered on Dec 16th, 2013 at 5:01 PM

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Thomas Edward Gates
Get real, you have no case.
Answered on Dec 16th, 2013 at 5:00 PM

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James Eugene Hasser
You would need a Dr. willing to testify that your ADHD was caused from the coloring. However, it is highly doubtful you will be able to get that due to the nature of the condition and the many, many other known and unknown causes.
Answered on Dec 16th, 2013 at 4:59 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Only if your treating physician will testify, within a reasonable degree of medical probability, that the yellow die #5 is what caused your ADHD. What you think is irrelevant; the only thing that counts is your doctor's opinion.
Answered on Dec 16th, 2013 at 4:57 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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They had no way of knowing that this ingredient would have that effect on you.
Answered on Dec 16th, 2013 at 4:57 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You can try, but my experience with ADHD is that it starts at birth and is not triggered by anything. Talk with a local attorney, but I doubt anybody would be willing to take the case.
Answered on Dec 16th, 2013 at 4:56 PM

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