Can I sue a food place for negligence? 5 Answers as of June 06, 2012

A fast food place gave me a cherry pie in a apple pie box and i am allergic to cherry i had to go to er and im not feeling to well i think that it is not fair that we pay our money allday and they cant at least keep the foood in there proper food container to protect people like me from paying for mistakes and time lost.

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I do not think you can file a claim in this case because there is no way that the food purveyor would know of your allergy in advance. You would be entitled to return what you did not order and get what you did order, but anything beyond that would probably not be actionable. If you ordered and specifically stated about a food allergy, and you received a food product that was contaminated with the food allergen, you would have a valid claim because you had given notice. Otherwise, I see no way to go beyond merely returning the wrong item and getting a replacement of the proper item.
Answer Applies to: Michigan
Replied: 6/6/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
This is a tough one. YES . . . you can sue on some type of negligence theory. Would an attorney take this case? What fast food place is this? These MEGA COPORATION FAST FOOD places have attorneys on staff to defend them. You'll have to SHOW medical expenses, lost wages, that you were sick, that you purchased this pie at their store - - - their attorneys will DENY that you purchased anything. Do you have any witnesses? You might be better off just getting all your EVIDENCE together . . . then write their COPORATE HEADQUATERS to tell them what happened. Show your expenses/damages and DEMAND 'X' amount (whatever you think is FAIR) or inform them you'll file a lawsuit. This is not exactly a big case . . . but look what happened with that 'little ole lady' that spilled extremely HOT coffee in her lap. She won big $$$ (overturned later I believe). SEND this "DEMAND LETTER" by CERTIFIED MAIL. Say they offer you say $100 to $200 or NOTHING. It's up to you to accept. But do you think you'll get much more in court (highly unlikely). Good luck!
Answer Applies to: Michigan
Replied: 5/30/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
We're you injured because of the screw up? If you have permanent or serious injuries from the reaction, there is certainly a case there.
Answer Applies to: Michigan
Replied: 5/29/2012
The DeRose Lawfirm | Peter J. DeRose
You can. You were a business invitee and the business owes you the highest duty of protection possible. The business takes its customers as it finds them and in your case you are allergic to cherry pie. The difficulty with your case is damages. It sounds like you have no long lasting injury. I think it is actionable, but probably not worth a lot in terms of damages. Talk to an experienced lawyer.
Answer Applies to: Michigan
Replied: 5/29/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Yes, I would think you would have a cause of action. If the facts which you relate are correct this was negligence which has harmed you.
Answer Applies to: Michigan
Replied: 5/29/2012
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