My mom ate at a sea food restaurant and a day later got really sick and had to go to the ER they said that it was an allergic reaction to the shrimp she had(she never was allergic before). then a day and a half goes by and she got sick again and had to go back to the ER. Then the doctors said that she had got food poisoning. they changed her medication and she seemed to get better. about 2 weeks later she went to a burger stand and had oinon ring and a couple of hours later she ended up in the ER agian! My sisters said that the oinion rings smelled like fish and so did the french frys they ordered. My question is: Could she sue the burger restaurant for frying fish (or any type of sea food) in the same oil they fry onion rings, french frys, and other food? Is it against the law? or any health codes?
2007-11-30 05:07:17 · 9 answers · asked by Ryan R 1 in Health ➔ Diseases & Conditions ➔ Allergies
Sure, she could sue. Would she win? No.
2007-11-30 05:09:54 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Hi there I am Lauren. A similar thing happened to a lady I know when she was on a trip with my sons school. She had an anaphilactic shock after eating donuts. It turned out that the nut oil in the fryer had become contaminated from rust around the outside which she injested.
I think what you could probably seek advice on is not the fact that they actually sell fish. I would find out if the chain is licensed to sell other meat products apart from burgers.
In scotland, they sell all manner of food stuffs in the chip shops including meat pies which are deep fried probably in the same fryer as haddock which is a delicacy in scotland.
What you could probably look into was the fact that the oil might have been contaminated, which is bad food hygiene practice, particularly where burger meat is concerned and also if both food products are being cooked in the same oil. And also the fact that if the chain is licensed to cook both fish and meat products on the same premesis, wether there was any warning to customers about the fact they also cook fish.
Incidentally it may not necassarily be the food outlets fault. I would also reccomend that you investigate into where they purchase their oil. It might be the case that the oil has become contaminated on the way to the burger chain, in which case the Manager might not necassarily be aware that he is buyig oil which might be contaminated.
It may be that at some point before being put into the fryer, the oil might have been in close contact with some sort of fish product. Not neccasarily raw fish, but other fish products etc.
You might have to go on a bit of a wild goose chase for a while, but check those things out first. If you let the Manager know is oil might be being contaminated, he himself will want to investigate as he won't want a law suit on his hands. Particularly from a food hygiene point of view.
2007-11-30 14:26:59 · answer #2 · answered by Lauren M 2 · 1⤊ 0⤋
Yes, she could sue. Look at the case of the lady that sued McDonald's (AND WON) because she got burned when she spilled her coffee on herself. DUH! Now, warning labels tell us that coffee is hot!
Restaurants are not supposed to cross contaminate foods. Fish should NOT be fried in the same oil as fries or onion rings. In fact, onion rings should even have separate oil from the fries but that's not always the case.
Have the health inspector in your area send a "spy" to this burger joint to see if they are indeed frying everything in the same oil.
2007-11-30 14:24:40 · answer #3 · answered by william c 3 · 0⤊ 1⤋
Anyone with enough money for a filing fee can sue. The problem is having medical evidence that the injury was related to the food she ate. Additionally, you would have to prove where it came from, etc. I think no reasonable attorney would take the case. Call the Health Department regarding the oil issue, though I think they will say no legal issue there. Sorry about your moms...
2007-11-30 13:16:22 · answer #4 · answered by WVAttorney 3 · 0⤊ 0⤋
There is no law against them using the same oil they fry fries/onion rings and sea food in
2007-11-30 14:00:39 · answer #5 · answered by glamour04111 7 · 1⤊ 0⤋
It seems a little too coincidental that she got sick three times, after eating at different restaurants. It sounds like she probably got sick from something else and you're assuming it's from one of the restaurants. If you she can't prove that a particular restaurant's food made her sick, she probably doesn't have much of a basis to sue. Hope she's feeling better now though.
2007-11-30 13:22:48 · answer #6 · answered by crabbyone 5 · 0⤊ 0⤋
She would have to prove that is what made her sick.
It can be argued that it is common knowledge that restaurants fry all of their food in the same oil. At most fast food restaurants, you can see that they put the fries, the chicken and the fish in the same place.
If you Mom has developed an allergy to seafood, she's going to have to be very careful about eating out.
2007-11-30 13:12:13 · answer #7 · answered by Dan H 7 · 3⤊ 0⤋
you mother can choose to eat in a restaurant or her own home. she needs to focus on the future. has she had a full work up by an allergist? is she carrying an epi-pen? does she have benedryl? have you and the rest of the family taken a CPR class? has she logged onto the website FAAN?
2007-11-30 13:19:07 · answer #8 · answered by KitKat 7 · 1⤊ 0⤋
yes but u probley wouldn't win
You should get your mums allergies tested
2007-12-01 07:13:09 · answer #9 · answered by Beth D 3 · 0⤊ 0⤋