QUESTION
Who is accountable for a drink that caused illness to a customer?
Asked on Jan 02nd, 2014 on Personal Injury - Louisiana
More details to this question:
I made two trips and talked to two different people in a store with only them work and us the only customers before I purchased my girlfriend her iced coffee which was put in the fridge overnight before a drop was even taken from it. It was suppose to be sugar free because she had bariatric surgery plus was diabetic. Well, needless to say it was not safe. She began what they call dumping which means racing of the heart, heavy pain in the stomach and become very ill. These mistakes are very serious. Her blood sugar went up for the first time in 6 months. Totally ridiculous. Someone still should be accountable. The coffee is still in the fridge.
7 ANSWERS
Ronald A. Steinberg
If you told them in advance that no sugar was to be added to the iced coffee you may have a case. However, you had better be able to prove that one iced coffee alone raised her blood sugar. I doubt that. In addition, as I understand "dumping" syndrome, it is due to the bariatric procedure solely. I assume that she had the Roux en Y procedure.
Answered on Jan 07th, 2014 at 5:53 AM
Edwin K. Niles
The store is certainly responsible, but the damages are minimal (although distressing) so you might have trouble finding a lawyer.
Answered on Jan 07th, 2014 at 5:53 AM
James Eugene Hasser
She is going to need a Dr willing to testify under oath that the something in the drink caused the problems, first.
Answered on Jan 07th, 2014 at 5:52 AM
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Why , instead of the emotion, don't you tell me the facts. You bought exactly what? From whom, on the basis of what statement? on the basis of what promise? Has the doctor blamed the coffee? You bought it? do you know what is in it? did you take any part of it to a lab? How do you expect to prove anything? have you planned all this out or just showing a little emotion.
Answered on Jan 07th, 2014 at 5:52 AM
Answer: While she may have become ill there is no proof of what caused her illness. What was in the drink that could have caused her to have this reaction? What did you say to the store clerk and how well did you describe the limitations of what you ordered? As you can surmise you are a long way away from proving negligence on the part of the clerks and that whatever they may have done with the drink in fact caused the illness. You need to determine facts to prove negligence along with proximate cause.
Answered on Jan 07th, 2014 at 5:52 AM
Keep the drink as proof as it will need to be tested for sugar. Have her contact the management and tell them in a diplomatic fashion that they should compensate her for the medical bills and pain and suffering she had. They probably will offer little so you may need to contact a personal injury attorney.
Answered on Jan 07th, 2014 at 5:51 AM
The vendor is responsible for damages arising from illness that the victim can PROVE was caused by the negligence of the staff or can PROVE was caused by tainted food or beverage. Proof is the key to these types of claims, because they are often very difficult to prove. Be sure to keep the coffee so that it can be analyzed. The other issue would be proving that the vendor employee knew of the specific order. Quite unusual for the employee to put any type of sweetener in the drink.
Answered on Jan 07th, 2014 at 5:51 AM