QUESTION
Can I sue a restaurant for serving me a lobster after I made specific instructions that I am highly allergic to shell fish?
Asked on Sep 17th, 2012 on Personal Injury - New York
More details to this question:
I ordered a fish taco and specifically told the waiter that I am highly allergic to shell fish. I was served a lobster taco and after one bite my throat closed up and my face exploded. I ended up in an ambulance and hospital that night. Do I have rights? Thank you for your time and guidance.
17 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Yes.
Answered on May 22nd, 2013 at 2:17 AM
You should consult with a lawyer who handles cases against restaurants for specific legal assistance.
Answered on Sep 19th, 2012 at 4:30 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes, you would have a negligence claim against the restaurant, but understand that likely your server will deny ever being told about your allergy. Therefore, the question becomes whether you have other witnesses who heard the discussion about your allergy with your server. Your damages seem clear, however, you as the plaintiff have the burden to convince a jury that you made the specific instruction.
Answered on Sep 19th, 2012 at 1:33 PM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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Yes, you have the right to make a claim for your damages.
Answered on Sep 19th, 2012 at 1:33 PM
Yes, but you have to prove your allegations.
Answered on Sep 19th, 2012 at 1:32 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I suppose you could say negligence or breach of contract but what are you going to get out of all this? I believe it is a small claim that would not get you the funds to pay court costs and atty fees. To get big bucks you have to have b ig damages, big injuries, big costs.
Answered on Sep 19th, 2012 at 1:04 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Send the hospital bill and the ambulance bill to the restaurant. Tell them if they don't pay it within 10 days, you will get an attorney.
Answered on Sep 19th, 2012 at 1:03 PM
Commercial and Business Transactions Attorney serving San Mateo, CA
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Avialex Law Group, LLP
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You most definitely have a cause of action. My office has handled pretty much the exact same case except the restaurant goer had a nut allergy and was told that the humus did not have nuts (it did). Their throat swelled up and they had to go to the emergency room. We were able to negotiate a settlement with the restaurant's insurer without having to file suit. Provided the waiter didn't say "all dishes may contain shellfish because of the way our kitchen prepares food" or something along those lines, this is a straight forward matter. Even in that situation, "may contain" is different than an entire lobster taco.
Answered on Sep 19th, 2012 at 1:02 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You do have a potential cause of action for your expenses and damages under the circumstances disclosed.
Answered on Sep 19th, 2012 at 1:02 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Yes, you can sue them. You need an experienced personal injury attorney who has handled these type of cases.
Answered on Sep 19th, 2012 at 1:02 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 19th, 2012 at 1:02 PM
Thomas Edward Gates
Yes, but the damages would be small. Contact the restaurant HQ and tell them what happen. You could get some free dinners and your medical bills paid.
Answered on Sep 19th, 2012 at 1:02 PM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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Yes, you probably do have a claim against the restaurant. You would need to prove what you told the waiter, etc., with witnesses, etc. A qualified personal injury lawyer can help you put together a successful claim.
Answered on Sep 19th, 2012 at 1:00 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, but I know from experience that restaurants are difficult to deal with.
Answered on Sep 19th, 2012 at 12:58 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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You have an excellent case. On the other hand, it will be your word verses there's.
Answered on Sep 19th, 2012 at 12:58 PM
Banking Attorney serving Miami, FL
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The Barrister Firm, P.A.
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Sure, you can get your hospital bill paid and money for pain and suffering.
Answered on Sep 19th, 2012 at 12:58 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you have a breach of warranty claim. Much stronger, of course, if you have disinterested witnesses to your having emphasized your shellfish allergy to the waiter, and if you have proof that the taco contained shellfish. Submit your ambulance and ER/hospital bills with your claim. I recommend using a lawyer. The restaurant's insurance carrier may ignore your claim, and will almost certainly offer you less in settlement, if you don't have a lawyer.
Answered on Sep 19th, 2012 at 12:58 PM