Could I be awarded pain and suffering costs? 41 Answers as of June 02, 2013

I was eating at a restaurant and requested a special order because I was allergic to some ingredients. I'm not sure what happened, but they accidentally included a peanut sauce in my food and I started swelling and was rushed to the emergency room. I was in a lot of pain and I was actually on a business meeting with a potential client. With all the commotion, I was not able to make the sale. Is it possible to sue the restaurant for extra costs of the potential sale and the fact that I had to miss work for a few days?

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Law Office of Ronald G. Draper | Ronald G. Draper
You have a possible claim against the restaurant.
Answer Applies to: Illinois
Replied: 3/5/2012
Andrews & Sanders Law Office
Andrews & Sanders Law Office | Richard A Sanders Jr
You can sue for your damages. If you believe that these things were caused by the restaurant's negligence then claim them in your lawsuit. However, suing for those damages and proving those damages are very different things. My guess is the other side will argue that the business deal is too speculative. They will probably argue that there were other reasons?why the deal did not work.
Answer Applies to: Georgia
Replied: 2/27/2012
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes for the days of work missed and the hospital bill. No for the lost same.
Answer Applies to: New York
Replied: 2/27/2012
DEAN T. JENNINGS, P.C.
DEAN T. JENNINGS, P.C. | Dean T Jennings
Yes.
Answer Applies to: Iowa
Replied: 6/2/2013
Toivonen Law Office | John Toivonen
If you can prove damages, you can be awarded damages.
Answer Applies to: Michigan
Replied: 2/27/2012
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    Yes, you may have a potential claim. You would need to prove that you told them about the allergy, and they still served you something with peanut in it. As for the lost sale, it would be your burden as plaintiff to prove that it was lost because of this incident. You cannot just speculate.
    Answer Applies to: Massachusetts
    Replied: 2/27/2012
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Request that they pay for your medical bills with their medical payments coverage. That's your best bet.
    Answer Applies to: Colorado
    Replied: 2/27/2012
    Downriver Injury and Auto Law | Michael Heilmann
    Yes, this is a classic negligence case and all damages are recoverable.
    Answer Applies to: Michigan
    Replied: 2/27/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You ask if it were possible. Yes, but you must show they were negligent, that they knew of your allergy to peanuts (did you tell them?) if you informed the, they knew and then made a mistake they might be found liable. They are not liable for the fact that you have allergy problems unless they know.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    Yes, you may be awarded pain and suffering as well as medical expenses. However, there are some specific legal issues that must first be addressed to determine the liability of the restaurant. Once you and an attorney are able to go through some of the specific facts, then you will have a better idea of the probability of recovery for your pain and suffering and medical expenses.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    Chalat Hatten Koupal & Banker PC
    Chalat Hatten Koupal & Banker PC | Linda Chalat
    For any personal injury claim, there may be a claim for pain and suffering but Colorado juries are very skeptical of these claims and typically award very little. You might be better served by attempting to negotiate a settlement with the restaurant and if that is not productive, then file a claim in small claims court.
    Answer Applies to: Colorado
    Replied: 2/24/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    You might be able to sue the restaurant. First, you had to have made it clear when you were ordering that you were allergic to peanuts or whatever was in the sauce that caused your allergic reaction. Second, the restaurant would have had to tell you they would be able to accommodate your "special order". The restaurant would have had to tell you when you were ordering that your order would not contain any peanut sauce nor be prepared on or with anything that had been in contact with peanut sauce. As to what the "damages" or money you could collect you would be entitled to your medical expenses, your lost wages for missing work and pain and suffering. As to whether you could receive money for losing the "sale" would be more difficult. You would have to specifically prove that had you not had the allergic reaction or missed some days of work that you would have made the "sale." There could be a number of different reasons why you lost the "sale." To receive money for the lost "sale" would basically would require the potential client to state/ testify that the "sale" did not go through either because you had to go to the emergency room or that you missed a couple of days of work. It may be difficult to get the potential client to say/testify to this.
    Answer Applies to: Nebraska
    Replied: 2/24/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Richard Martin
    Most restaurants have allergy warnings for ingredients. However, it could prove problematic if the dish or food you were eating was such that a reasonable person would or should have known that it contained the ingredient to which you are allergic. Economic loss, such as the missed sale, could be recovered if you can show it is more likely than not that you would have made the sale in the absence of the injury, in this case an allergic reaction.
    Answer Applies to: Kansas
    Replied: 2/24/2012
    The Law Firm of Reed & Mansfield
    The Law Firm of Reed & Mansfield | Jonathan C. Reed
    Yes, if you put the restaurant on notice of your allergy and they served your the food anyway. This would be simple negligence on their part and you should be able to sue for the usual personal injury damage items such as lost work and pain and suffering and medical bills.
    Answer Applies to: Nevada
    Replied: 2/24/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    If you notified the restaurant that you were allergic to peanut sauce prior to placing your order, you will likely have a cause of action.
    Answer Applies to: Georgia
    Replied: 2/24/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    If you specifically told them that you have the peanut allergy and to keep your order free of peanut-based products, then yes you can be awarded pain and suffering costs as well as medical expenses ad your time out of work. But not the loss of the sale, that's considered "remote" damages.
    Answer Applies to: New York
    Replied: 2/24/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You probably couldn't ask for the profits from the loss of the sale because they would be too speculative but you can certainly request compensation for the pain and suffering.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    While it's possible to sue it's not probably you'd win. Causation or proximate cause is a problem in your proof.
    Answer Applies to: Iowa
    Replied: 2/24/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    If you put them on notice not to have peanuts and they served you peanut sauce, they can be held liable. You can recover for your medical expenses and lost wages. It would be much more difficult to sue for the lost sale. The question is whether that is a foreseeable damage.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Yes. You have a claim for negligence. Your damages would include the medical expenses and pain and suffering. The loss of the sale however is not a realistic damage that you would likely obtain recovery.
    Answer Applies to: New Hampshire
    Replied: 2/24/2012
    Law Offices of George H. Shers | George H. Shers
    You can sue for the missed time from work but would have to prove that yu lwould have in fact made the sale to collect anything for that. If this was a business meal then your injury is covered by Workers' Compensation.
    Answer Applies to: California
    Replied: 2/24/2012
    Attorney at Law | Ernest Krause
    Remember, your claim has to be supported by medical treatment evidence. You are asking for damages (money) due to a medical condition.? The doctor takes you off work? Then you get paid for lost wages. The "potential client." The problem with that is you might not have made the sale anyway. If it was basically "signed, sealed and delivered," then your claim for the commission or other payment is stronger."
    Answer Applies to: California
    Replied: 2/24/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes plus also pain and suffering.
    Answer Applies to: Connecticut
    Replied: 2/24/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Not likely. Those damages are too remote to be collectible under a negligence theory. There still be a case, but contract losses cannot be maintained under Michigan law.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    RCW 7.72 expresses the current state of statutory law regarding product liability in the State of Washington. http://apps.leg.wa.gov/RCW/default.aspx?cite=7.72. Case law from the courts can clarify the product liability cause of action. McKenna v. Harrison Memorial Hosp., 92 Wn. App. 119, 960 P.2d 486 (1998) (You can read appropriate cases on the MRSC website.) Federal law can also sometimes be applicable to a products liability case. The basic question is whether the product was not "reasonably safe." You should probably speak with an attorney to discuss the particular details of your situation.
    Answer Applies to: Washington
    Replied: 2/24/2012
    The Carlile Law Firm, LLP
    The Carlile Law Firm, LLP | D. Scott Carlile
    Yes you could bring a suit.
    Answer Applies to: Texas
    Replied: 2/24/2012
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes.
    Answer Applies to: South Carolina
    Replied: 5/30/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You should be able to recover medical costs, pain and suffering and money lost.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    Yes, you have a case. Compensation for the potential sale are iffy, you would have to prove that but for getting sick, the sale would have been made.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Doubtful you can recover for lost sale, but you have a good case without the lost sale.
    Answer Applies to: Virginia
    Replied: 2/24/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    The potential loss sale may be too speculative to recover; as you said "potential." Lost wages are recoverable as compensatory damages for a personal injury tort in Alabama. Likewise, pain and suffering is a recoverable compensatory damage in Alabama for a personal injury tort.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Ezim Law Firm | Dean Esposito
    You would have to prove the restaurant was negligent in serving you the food that made you ill in order to recover pain and suffering. You would have to prove that the restaurant knew your allergy and knew or should have known that the food you were served would cause such an allergic reaction.
    Answer Applies to: Louisiana
    Replied: 2/24/2012
    The Law Offices of Andrew D. Myers
    The Law Offices of Andrew D. Myers | Andrew Myers
    The answer to your first question is yes, you would be able to recover the cost of medical treatment plus pain and suffering if you can establish that the restaurant was given notice that you have a peanut allergy and that then they actually served you directly a peanut sauce. Direct lost wages could come into this. However, lost opportunity for a sale is often considered "speculative" and presents issues. On a practical level you need to figure the amount that you lost and can prove, against the cost of retaining an economic 'expert witness' who would be required to establish your claim. Generally, figure the cost of an economic expert at around $1,500 if the case settles, more if actual testimony is required in court.
    Answer Applies to: Massachusetts
    Replied: 2/24/2012
    Bruce Plesser | Bruce Plesser
    Yes. If restaurant was negligent with your order.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    If there was peanut sauce, you must have been at an Asian restaurant. Caveat carnivore. You might get their insurer to pay for the ER visit but usually they fight it all the way. The lost commission is "blue sky" so no, that is not recoverable. Good Luck.
    Answer Applies to: Montana
    Replied: 2/24/2012
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Depending on the facts and circumstances of your case, you may be able to recover money damages. The viability of you case may be a question. By viability, I mean whether it makes economic sense to pursue the claim. You should contact a lawyer experienced in personal injury cases. There exists a three year statute of limitations on negligence cases. If you fail to file within three years of the incident, you will likely be barred from filing a claim.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    THE LAMPEL FIRM
    THE LAMPEL FIRM | ERIC LAMPEL
    Probably not, it would be barred as too speculative.
    Answer Applies to: California
    Replied: 2/24/2012
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