QUESTION
Can I sue the restaurant if I found roach in my food?
Asked on Jan 12th, 2013 on Personal Injury - California
More details to this question:
Went to a Chinese restaurant. Ordered my food. Took it home. Roach was in the rice. Called restaurant, spoke to owner, would not give money back. Called Board of Health, next day. They went out and found things in the kitchen.
9 ANSWERS
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Unless you suffered some sort of an injury (or, damages)for example, you swallowed the roach and got some sort of an illness as a result you do not really have enough to take any kind of legal action against the restaurant. But, that was very wise of you to call the health board, and I'm sure that many future diners, at that restaurant, are very thankful (especially if it means that a visit from the board will cause the restaurant to clean-up).
Answered on Jan 22nd, 2013 at 5:49 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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I am very surprised he would not refund your money. That's probably the extent of the value of your claim since you suffered no real damages. I have handled cases with foreign objects in food, but each time the person digested the substance and was injured or got very ill with medical expenses. I would make another demand and request that he submit the matter to his insurance carrier and ask for some money for the hassle.
Answered on Jan 22nd, 2013 at 5:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, for the cost of the meal which appears to be your damages.
Answered on Jan 15th, 2013 at 3:08 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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You can always sue anybody for anything, but that doesn't mean you're going to win and may even subject yourself to sanctions if you lose. If you never got ill and didn't go to the doctor, then what are your damages?
Answered on Jan 15th, 2013 at 3:07 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I do not think this rises to the level of compensible damages.
Answered on Jan 15th, 2013 at 3:06 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue, but you are entitled only to the damages you suffered. Probably not much more than the cost of the meal.
Answered on Jan 15th, 2013 at 3:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You have an action for breach of contract. Sue him in small claims for the price of the meal. The court costs will be about 8 or 10 times the cost of the meal. How you going to come out ahead with that?
Answered on Jan 15th, 2013 at 3:06 PM
James Eugene Hasser
Yes, you can sue them. Anybody can sue anybody for anything. The real question, though, is whether they are liable and you can win your claim. If you can show that they knew, or should have known that a roach would be in your food, you stand a good chance of winning. Good luck.
Answered on Jan 15th, 2013 at 3:06 PM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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You don't really have any damage, other than the cost of the rice, so, yes, you can sue, but no, you can't really recover anything.
Answered on Jan 15th, 2013 at 3:05 PM