More details to this question:
She and her boyfriend, a self-employed programmer, celebrate his birthday, at his favorite restaurant. Unfortunately, soon after eating the duck they order, her boyfriend becomes very ill with bad food poisoning, and is rushed to the hospital in an ambulance. She also begins to feel sick. She runs to the bathroom in the restaurant, where she slips on a wet tile on the floor, falls and hits her head on the basin, knocking out two of her teeth and suffering bad concussion. She has a bill from her dentist for $1000 to fix her teeth. It is discovered that the duck they ate was ‘out of date’, and should not have been sold. Her boyfriend recovers in hospital for woe weeks, which costs $5000. He loses $3000 from not being able to work during this period. He is seeking compensation for these costs. She also becomes very depressed as a result of this awful evening. She has trouble sleeping, and has developed a condition known where she cannot think about duck without becoming very ill and depressed. She is seeing a therapist, at the cost of $200. She is seeking compensation for all her costs.
9 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The answer to your question is likely yes if they sold an item they knew was bad. Don't overdo it with the depression of the mention oi duck. That wont sell in court. Stick to the hard stuff you can prove. I doubt if a psychiatrist would come testify about your duck depression .
Answered on May 14th, 2013 at 2:03 PM
Ronald A. Steinberg
There are 2 basic kinds of food poisoning: one is where you eat food that has bacteria in or on it, and the bacteria produce a toxin. When you eat the food, the toxin gets into your stomach and within roughly 1/2 hour to 1 1/2 hours you get sick from the toxin. Typically, salmonella or something like that. Typically when mayonaise goes bad; egg salad, tuna salad, or chicken salad. The other is where you eat something that has bacteria which get into your system and they multiply. After roughly 48 to 72 hours, you get sick. Typically, E.coli from tainted or insufficiently cooked meat. Did you and your boyfriend encounter someone who had the flu, 2 or 3 days before? That is more likely than the duck.
Answered on May 14th, 2013 at 2:02 PM
Yes, it seems like you both have cases against the restaurant.
Answered on May 14th, 2013 at 2:02 PM
NA richard@jandjlaw.com
This sounds like a Bar exam question. The food claim = is a sale, under the Uniform Commercial Code. There are implied warranties of fitness for a particular purpose and of merchantability. Plus, the food is a product that was unreasonably dangerous, under the Products Liability Act of WA. IF you can prove the illness was from the food, the restaurant is on the hook. The slip and fall = you say a wet floor. Was it recently mopped and no warning sign put up, or just customers who spilled water on the floor, or did the toilet over run or what? There may be liability for the slip and fall. Also, with a commercial property, the insurance policy for the restaurant may have a no fault premises medical coverage. SO, if a patron is injured on the premises, the insurer for the premises will pay medical bills, no questions asked (dental too) UP TO the limit of coverage of the policy, which is like 1K, or 2K or 5K or maybe even up to 10K. Consult with a tort lawyer.
Answered on May 14th, 2013 at 2:01 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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Yes. You have a case.
Answered on May 14th, 2013 at 2:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the restaurant was negligent and is potentially liable for some or all of the listed damages. You should see an attorney.
Answered on May 14th, 2013 at 2:00 PM
James Eugene Hasser
Wow! What a nightmare. Sounds like the restaurant has a problem. They probably should get a lawyer.
Answered on May 14th, 2013 at 2:00 PM
Yes, you have a suit against the restaurant for all of the damages listed. Notify the company. They will have you speak with their insurance adjuster. If you do not get what you see as reasonable compensation, you should contact an attorney.
Answered on May 14th, 2013 at 2:00 PM
Civil Litigation Attorney serving Savannah, GA
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Lueder, Larkin & Hunter, LLC
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They possibly both have claims. They need to speak with a personal injury attorney ASAP as preservation of evidence could be a big issue.
Answered on May 14th, 2013 at 1:59 PM