QUESTION
How do I sue a restaurant if they gave me food I am allergic to?
Asked on Sep 28th, 2011 on Personal Injury - Florida
More details to this question:
I am allergic to ranch dressing, and when I ordered at this place, they gave me food that had ranch dressing in it after I had told the girl at the register I was allergic to ranch dressing. I bit into the food and my lip got swollen and I received a blister on my mouth and irritation around my mouth. Now this blister on my lip has to heal and it is embarrassing and irritating. I took the food back to the register and the girl tried to offer me free food when I just wanted a number to file a complaint and she wouldn't give it to me. I went back in after finishing my meal and got the number from another employee who was very rude. I called and reported my visit to taco bell. They had the manager of the taco bell that I ate at call me and apologize, he was very nice but also tried to offer me a free meal. I don't know, I was confused. I went to the doctors on my campus to get the swelling and blister of my lip documented. Is there any way I can sue because of my allergic reaction to ranch dressing or what should I do?
16 ANSWERS
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Doesn't sound like big injuries. Law suits cost money.
Answered on Jun 19th, 2013 at 2:12 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on Jun 03rd, 2013 at 2:02 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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The injury described is not serious enough or permanent so the costs of a lawsuit preclude your claim.
Answered on Oct 28th, 2011 at 1:21 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You may bring a claim against the restaurant for negligently serving you food to which you are allergic. I would recommend that you file in small claims court, since your damages are quite modest.
Answered on Oct 05th, 2011 at 11:27 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue. Since your injury will probably heal and your medical bills will be low, the case is not worth much money. I would suggest sending your medical bills to whoever is in charge of this claim at Taco Bell and demand that they pay the bill and ask for $500.00 to #1,000 for your pain and embarrassment . If they refuse to meet you demand, but offer some compensation, I would not be too greedy. However, if they will not make a satisfactory offer, you might sue in small claims coout.
Answered on Oct 03rd, 2011 at 2:52 PM
The employees at Taco Bell may have committed some wrongdoing, and were therefore negligent. However, the practical answer is your pain and suffering is minimal, and probably not worth the time, effort, and expense of going forward with a claim. You will heal up quickly.
Answered on Oct 03rd, 2011 at 10:55 AM
Consult with or retain an attorney who handles claims and cases against restaurants for legal advice and/or representation. Perhaps that attorney will contact the restaurant's insurance company for settlement of your claim if you haven't already done so.
Answered on Sep 30th, 2011 at 10:58 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You walk into a Taco Bell and tell the cashier you are allergic to Ranch Dressing and you think someone served a product with Ranch in it. My first thought is why would you think the cashier had anything to do with food service? Normally in a restaurant when something untoward happens they apologize and offer you a free meal. No one will file a lawsuit for you likely with such small damage, but if so it would be necessary to prove negligence, and among other things that the product did have Ranch in it? how would you do that without laboratory help? You might file a small claims action but I don't think you will get very far on these facts.
Answered on Sep 30th, 2011 at 10:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have a cause of action against Taco Bell for their negligence but, the "damages" are minimal. The only reason you went to a doctor was to get the swelling and blister documented. It is a superficial condition which will likely disappear quickly. There is no loss of income and the medical expense is minimal. Get in touch with their claims department. They are probably self-insured. Tell them you want 5 grand and when they offer you $1,500 take it.
Answered on Sep 30th, 2011 at 9:41 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can sue if that is what you really want to do, but its probably just a Small Claims matter. You can try first by sending a certified letter to Taco Bells risk management department if you can track it down. If not, send it to the manager of the particular Taco Bell in concern. Hopefully you took photos and are able to document how long you have been affected by this outbreak. If you do not get what you want from making a claim, then file a Small Claims Complaint, which requires that you make a written demand in the first place any way. The reason this is a nominal case is because you do not have any permanent damage and the area of the reaction will likely heal in a short time. If you were an actor or model and had to forego work, thats a different story. The embarrassment you have had to suffer from the reaction is compensable as are your medical expenses.
Answered on Sep 30th, 2011 at 1:32 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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You can pursue a claim or suit against the restaurant, but whether you will be successful is not clear. The restaurant is responsible to act reasonably when serving food to its customers. The question would be once you notified the employee of your condition, did they not act reasonably when serving the ranch dressing to you. My recommendation is that you photograph the swelling, blisters and other marks caused by the reaction to document it. You should contact an attorney to advise you of your specific rights and practicalities of proceeding in your case.
Answered on Sep 30th, 2011 at 1:16 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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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 Sep 30th, 2011 at 1:12 PM
Theodore W. Robinson
While I'm sure this is a big deal to you, I don't think a personal injury lawyer or a jury of your peers would think much of it. You had some inconvenience and slight pain, butbeyond that, you didn't suffer any permanent injury, except to your pride fromwhat youwrote. I suggest you be much more carefulwhen yougo to any restaurant and stay away from ranch dressing in the future andhave someone else test for it before you eat any salads in the future. I think if you start a law suit,even if you win, you won't win enough to warrant all the work that will go into it. I respectfully suggest you chalk it up to experience and then stop worrying about it. Good luck.
Answered on Sep 30th, 2011 at 12:57 PM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Let it go. You don't have enough damages to warrant a lawsuit or even a claim. It would take more of your time and energy than you could ever hope to recover.
Answered on Sep 29th, 2011 at 6:05 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Unless you have some long lasting injury, its not really that big of a damages case. It might also be hard to prove you told them about your allergy before eating your food.
Answered on Sep 29th, 2011 at 5:35 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you received no medical treatment other than at the campus clinic, and the only reason you went was to "get the selling and blister on my lip documented" and not for treatment, then your case isn't worth more than a few taco bell meals. Take the free food.
Answered on Sep 29th, 2011 at 5:34 PM