To sue or not to sue?

[wcc]

Originally posted by Moses
The fact that you are even considering it suggests otherwise.

I have NEVER sued anyone for anything! It's just that the people I know around me (lawyers) all are pressuring me to sue. They do make good arguments and they are convincing. Therefore the consideration. But when it comes right down to it I wouldn't have gone through with it. That's just out of Character for me. I guess I just needed to hear people take my side and build my confidence to fight off the dogs...

[Joeaksa]

Go to them with copies of the medical bills. Ask for repayment of this and possibly a dinner or such for the family. If they balk then its time to ask how much trouble you want to go to with this.

[RANDY P]

Originally posted by Joeaksa
possibly a dinner or such for the family. If they balk then its time to ask how much trouble you want to go to with this.

Um, in the form of a gift certificate at a different restaurant..

rjp

[yasir]

Originally posted by wcc
I have NEVER sued anyone for anything! It's just that the people I know around me (lawyers) all are pressuring me to sue. ..

Don't we all want to make quick money so i won't be surprised if you are tempted to do that..Any way Lawyers are general are like VULTURES and in this case they are looking to make some quick bucks..I am sure no restaurant would want to fight this type of case as it would be even more bad publicity for them,so go tell your VULTURE friends to get a LIFE..
As other people here mentioned,present the rest management with your out of pocket expenses and give them a chance to make up for it...remember **** happens..

[Moses]

When I was a graduate student in microbiology, one of my fellow students got a NASTY case of food poisoning at a local eatery. His approach? The talked with the owner and was given access to the kitchen staff and he taught them about proper food handling and food bacteriology. After that he pretty much ate for free there which was a big deal for a grad student.

[john70t]

Mabye a veggie picker took a dump in a storage bin.

[legion]

Originally posted by wcc
It's just that the people I know around me (lawyers) all are pressuring me to sue. They do make good arguments and they are convincing.

And that's where we get multi-million dollar settlements for spilled coffee from.

[ubiquity0]

Originally posted by wcc
Suing isn't the first thing that crosses my mind but I have to many lawyers in my family. That is where the real pressure to sue is coming from. Any of them would do it free of charge as they already said they would.

And they probably have Dr. Nick lined up already to give testimony on how your digestive tract is now spiralling into a deep and morbid depression.

[RobertsStole2nd]

From a legal perspective, you would have the burden of proving the elements of negligence in order to win a judgment against the restaurant.

*Does the restaurant have a duty of care towards its guests?
YES - they have a duty to act prudently in preventing illness or injury in the operation of their business

*Was there a breach of this duty in this case?
MAYBE - unclear from the article. You would have to prove the specific act that constituted the breach of duty of care

*Did the act directly cause the harm?
YES - it seems clear that whatever took place in the restaurant caused your illness

*Damages?
YES - mainly medical costs incurred

This is the analysis we learned in law school. In reality your attorney would indeed have to prove these elements, so it's no slam dunk, but the cost to you in time, aggravation and money would not nearly be worth it. Personally, I value my time too much to get bogged down in something like this.

You got food poisoning, it happens, so just let it go.

[Big Ed]

The restaurant closed voluntarily, threw everything out, and is deep cleaning now while trying to figure out what happened. Sounds like they are doing the right thing.

Your insurance paid for health care, you got sick leave from work, and you are now fine.

I say leave it alone. Don't be one of those people. I still get pissed whenever I get a coffee to go and the cup carries a warning about the hot contents, because it reminds me of the case that made such an asinine warning necessary. And it's getting worse, not better.

[john70t]

quote: "Your insurance paid for health care, you got sick leave from work, and you are now fine."

Under a republican plan, you might as well become a homeless vagrant.
Under a democrat plan, everyone can not work by signing a piece of paper.

[legion]

Originally posted by john70t
quote: "Your insurance paid for health care, you got sick leave from work, and you are now fine."

Under a republican plan, you might as well become a homeless vagrant.
Under a democrat plan, everyone can not work by signing a piece of paper.

We made it two pages!

I declare shenanigans. Everyone get their broom!

[Scooter]

Not speaking for all attorneys, but this one would say just try to work it out with the restaurant. Nobody ever said I was normal or logical though.

I do have social friends who are lawyers, and it's not by accident.

[Dixie]

I think you should sue.

Sure, you won’t get much money. Heck, odds are you won’t get any at all. But the lawyers can start a class-action suit. THEY'LL make money.


Just think. The restaurant will fold. A bunch of people will be unemployed. The proprietor’s dreams will be crushed. The owner’s insurance will have to pay out big bucks. All the lawyers will all get new Caymens, and you'll get $150!

Woo Ho! It’s good to make the laws!

[on-ramp]

of course a lawyer would say SUE. they get paid no matter what the outcome. and they want to drag it out as long as possible, years if possible. time is money.

that's what's wrong with the legal system... the only winners are scumbag lawyers.

[Moses]

Loser pays. It's a concept that's long overdue...

http://www.overlawyered.com/topics/lpays.html

[widebody911]

It's only 99% of the lawyers that give the rest a bad rep

[kumma]

Sure sue for pain and suffering, mental anguish, loss of work, reimbursment of medical costs work expenses, loss of ira contribution time, loss of time for enjoying the porsche, loss of time from your family and friends, incompetence of food workers, sue the health department, the city, the state, the country and last and least mr bush himself because you were inconvenienced. Can I sue you for having to read such a dumb post about what should be common sense to 99.9999% of the population. When your done sue me because I had some fun at your sickness. Look at the bright side you could be dead and it could be your wife asking this question for real.

[jyl]

I am a lawyer (for 13 years, no longer practice, having moved on to more interesting work) and I'd suggest you not sue.

It sounds like you have no damages worth any successful lawyer's time. You'd end up with a two-bit guy, get sent to a crooked doc for an "expert consultation", waste your time, and in the end get little to no money.

Just as important, to me, is that lawsuits consume the public's time and money (judicial system) so you're essentially wasting your taxpayer dollars.

It would be sensible to contact the local health dept and give them the facts of your case. That will help them come down on this restaurant and make sure they clean up their act, so to speak.

I have encouraged people to sue, where it was warranted. One friend of mine, his sister was on a cruise and suffered some sort of stroke/heart attack (I forget the details). The cruise ship had no competent medical staff, contrary to their claims, they did nothing to summon medical help or arrange air evac back to the States, they just dropped the paralyzed woman at some half-baked local clinic in the first Carribean port they came to, and sailed away. She ended up with severe brain damage. Her career as a doctor is over, she's spent the last two years learning to walk and speak again. Her family was reluctant to sue, they were focused on taking care of their sister. But they finally did take legal action. That's the kind of situation that merits a lawsuit.

[sammyg2]

You have a problem with your family, not a problem with food poisoning.