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 05:07:53 · 9 answers · asked by Ryan R 1 in Politics & Government ➔ Law & Ethics
In most states in order for there to be a personal injury lawsuit there must be permanent physical damage. You would have to prove that they knowingly and intentionally gave her seafood with the intent of causing her bodily harm. It does not sound like they did. The point could be argued that if she is aware of her food allergy it was her responsibility to avoid places that serve it. If she insists on eating out she needs to speak to a manager who can assure her that the food can be prepared without contact to her allergen.
2007-11-30 05:37:40 · answer #1 · answered by Sugarkiss 2 · 0⤊ 1⤋
Well, based on the conflicting reports at first about whether or not her illness was caused by food poisoning or an allergic reaction, I think you would have a hard time winning any lawsuit at all. You need solid proof that the illness was a result of their negligence, and any conflicting medical reports would diminish that. Also, you actually have to prove a loss to win a lawsuit -- if your mom passed away as a result, you'd have a wrongful death suit, if she lost a limb or had to undergo surgery, you'd be able to sue for damages, even if she missed work as a result you might have damages. It seems to me she had no lasting effects or damages from whatever caused the illness, so therefore you have no cause whatsoever to sue.
That being said, you might be able to make a report to the county health agency and ask them to inspect that seafood restaurant, because you believe your mom might have gotten food poisoning there. But that's about all you can do at this point.
As far as the fishy-smelling food at the burger joint, there is no law or health code that I'm aware of that requires food services to fry fish and fries, etc., in different oils. The rules in your specific county might be different, but I doubt it -- and anyone who's worked in a fast food restaurant can tell you that. The most that anyone can do if there's a possibility of cross-contamination with allergens is provide a very general warning ... think about, for example, when you eat a Hershey's candy bar. Most now have warnings that say the candy was made in a factory that also makes candy with peanuts, since that's a very common allergy. But that's the most that you can expect.
2007-11-30 05:50:22 · answer #2 · answered by Hillary 6 · 1⤊ 0⤋
No, your mother's poor judgement isn't grounds for a lawsuit.
Most judges wouldn't think twice to kick out of the courtroom. I think what you're demonstrating is commonly called the Bubble Boy theory where we all, at least according to your side of the case, should travel around in bubbles where nothing ever bumps into or touches anything else.
Your mother should just prepare her own meals and not expect every restaurant, burger stand, and deli in the world to have a special kitchen for you mommy.
2007-11-30 05:30:25 · answer #3 · answered by Anonymous · 0⤊ 1⤋
Lets get this clear: you can't sue anyone, unless your mother is legally incompetent.
Now, she won't win against the burger joint. She can sue the seafood restaurant for giving her food poisoning. If she's not allergic to seafood, the reaction she had to the onion rings is psychosomatic.
2007-11-30 05:16:47 · answer #4 · answered by DOOM 7 · 1⤊ 1⤋
I don't think its against the law, and I wouldn't think you could sue. I worked in a seafood restaurant, and people would ask if the french fries/onion rings were cooked in the same oils, which they were. They would then order something else not prepared in the oils.
2007-11-30 05:17:29 · answer #5 · answered by kathsps 3 · 2⤊ 1⤋
If you can get a lawyr to take the case you can sue anybody you want. Winning and collecting is another matter. Maybe your mom should consider not eating out.
2007-11-30 05:18:10 · answer #6 · answered by Anonymous · 2⤊ 1⤋
Your mom would be wise to eat at home where she can control the conditions in the kitchen where her food is prepared.
I don't think any type of lawsuit here would get very far.
2007-11-30 05:16:56 · answer #7 · answered by emankcin 2 · 2⤊ 1⤋
No, it is not illegal to cook different foods in the same oil
2007-11-30 05:25:51 · answer #8 · answered by Jan Luv 7 · 1⤊ 1⤋
Not a Lawyer
But no, I doubt it. restaurants cannot possibly cater to all peoples allergies and/or sensitivities.
2007-11-30 05:16:52 · answer #9 · answered by amymaha73 2 · 2⤊ 1⤋