QUESTION

Can we sue the restaurant for getting sick from the food we ate?

Asked on Dec 22nd, 2011 on Personal Injury - New York
More details to this question:
My family went to a restaurant. My daughter almost swallowed a couple pieces of broken dish in her salad. My son and myself got really sick that night. What can be done about this?
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9 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Not enough information here. You would have to prove negligence on the part of the restaurant and that that negligence caused you to be sick, I doubt if you can do that at this point.
Answered on Jul 08th, 2013 at 2:22 AM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied. We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Jul 08th, 2013 at 2:22 AM

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Steven D. Dunnings
Do you have medical evidence your illness is related to what you ate at the restaurant?
Answered on Jul 02nd, 2013 at 11:39 PM

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Personal Injury — Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Food injuries are actionable in Michigan. A restaurant has an obligation to serve food that is safe to eat. A broken dish is not expected in the food. The fact that you got sick from the dinner without additional proof is a more difficult case. Especially if there is no medical treatment.
Answered on Dec 28th, 2011 at 1:59 PM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Without proof or medical treatment probably nothing.
Answered on Dec 27th, 2011 at 10:10 PM

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Theodore W. Robinson
Speak to a negligence attorney about this matter. If they are willing to accept the case, then it may be worth something for you. However, without any medical treatment it may not be worth anything. Even if there was treatment if it is not a permanent injury it's not likely very valuable.
Answered on Dec 27th, 2011 at 9:09 PM

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Personal Injury Attorney serving Spanish Fork, UT at Utah Legal Team
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You may be able to sue the restaurant but you will have the responsibility of proving your case. You will need to receive a clear medical diagnosis which can directly linked to the food you received in the restaurant. You will also have to prove that you have been damaged. If you were sick for a couple hours the night after you ate at the restaurant then your damages will seem relatively minor.
Answered on Dec 27th, 2011 at 5:18 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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You should have complained to the manager at the time. He may have comped your meal. Food poisoning claims are impossible to prove and the injuries are too transient for most juries to every worry about. The insurance companies treat them as nuisance cases.
Answered on Dec 27th, 2011 at 5:07 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You can make a claim, but there may be a question as to how much you can prove and what the extent of the injuries are. There are two separate issues. As for the broken dish in the salad, you did not state that there were any injuries, only that she "almost" swallowed a couple of pieces. If there is no injury, there is no case. As for getting "really" sick, first you will have to prove what it was that got you sick: was it ptomain? e-coli? botulism? You will also have to prove that it was from this restaurant. Did the Dept of Health make an inspection to find out what the restaurant did wrong? Finally, you will have to prove your "damages". Puking your guts out for a night is certainly unpleasant, but the amount of compensation to be expected is such that many attorneys may be unwilling to take the case on. You can go ahead and sue them yourselves in small claims court and you don't need a lawyer to do so. If you do, put in for the maximum amount available in your jurisdiction.
Answered on Dec 27th, 2011 at 4:17 PM

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