How do I sue a restaurant if they gave me food I am allergic to? 23 Answers as of October 28, 2011
I am allergic to ranch dressing, and when I ordered at this place, they gave me food that had ranch dressing in it after I had told the girl at the register I was allergic to ranch dressing. I bit into the food and my lip got swollen and I received a blister on my mouth and irritation around my mouth. Now this blister on my lip has to heal and it is embarrassing and irritating. I took the food back to the register and the girl tried to offer me free food when I just wanted a number to file a complaint and she wouldn't give it to me. I went back in after finishing my meal and got the number from another employee who was very rude. I called and reported my visit to taco bell. They had the manager of the taco bell that I ate at call me and apologize, he was very nice but also tried to offer me a free meal. I don't know, I was confused. I went to the doctors on my campus to get the swelling and blister of my lip documented. Is there any way I can sue because of my allergic reaction to ranch dressing or what should I do?Free Case Evaluation by a Local Lawyer!
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Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
The injury described is not serious enough or permanent so the costs of a lawsuit preclude your claim.
Answer Applies to: Montana
Replied: 10/28/2011
Chalat Hatten & Koupal PC | Linda Chalat
You may bring a claim against the restaurant for negligently serving you food to which you are allergic. I would recommend that you file in small claims court, since your damages are quite modest.
Answer Applies to: Colorado
Replied: 10/5/2011
Kirshner & Groff | Richard M. Kirshner
You can sue but probably not worrth the effort. Fortunately it doesn't sound like you have a significant permanent injury.
Answer Applies to: Florida
Replied: 10/4/2011
David F. Stoddard | David F. Stoddard
You can sue. Since your injury will probably heal and your medical bills will be low, the case is not worth much money. I would suggest sending your medical bills to whoever is in charge of this claim at Taco Bell and demand that they pay the bill and ask for $500.00 to #1,000 for your pain and embarrassment . If they refuse to meet you demand, but offer some compensation, I would not be too greedy. However, if they will not make a satisfactory offer, you might sue in small claims coout.
Answer Applies to: South Carolina
Replied: 10/3/2011
Joel H. Schwartz, P.C. | Steven A. Schwartz
The employees at Taco Bell may have committed some wrongdoing, and were therefore negligent. However, the practical answer is your pain and suffering is minimal, and probably not worth the time, effort, and expense of going forward with a claim. You will heal up quickly.
Answer Applies to: Massachusetts
Replied: 10/3/2011
Patrick M Lamar Attorney | Patrick M Lamar
This is a fairly small event. I would not advise a suit. You can file a claim with the restaurant.
Answer Applies to: Alabama
Replied: 9/30/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Consult with or retain an attorney who handles claims and cases against restaurants for legal advice and/or representation. Perhaps that attorney will contact the restaurant's insurance company for settlement of your claim if you haven't already done so.
Answer Applies to: Indiana
Replied: 9/30/2011
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You walk into a Taco Bell and tell the cashier you are allergic to Ranch Dressing and you think someone served a product with Ranch in it. My first thought is why would you think the cashier had anything to do with food service? Normally in a restaurant when something untoward happens they apologize and offer you a free meal. No one will file a lawsuit for you likely with such small damage, but if so it would be necessary to prove negligence, and among other things that the product did have Ranch in it? how would you do that without laboratory help? You might file a small claims action but I don't think you will get very far on these facts.
Answer Applies to: North Carolina
Replied: 9/30/2011
Andrew T. Velonis, P.C. | Andrew Velonis
You have a cause of action against Taco Bell for their negligence but, the "damages" are minimal. The only reason you went to a doctor was to get the swelling and blister documented. It is a superficial condition which will likely disappear quickly. There is no loss of income and the medical expense is minimal. Get in touch with their claims department. They are probably self-insured. Tell them you want 5 grand and when they offer you $1,500 take it.
Answer Applies to: New York
Replied: 9/30/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
What would you sue for? How extensive were your damages to be compensated for the actions of the employee? If you lost a lip, they would be substantial. For a minor irritation a court may grant you a nominal award, but it may end up costing you more in legal fees than you would collect.
Answer Applies to: New York
Replied: 9/30/2011
Law Office of James L. Miller | James Miller
There may be a cause of action for negligence but it sounds as if your damages are minimal. Your best recourse it to either try to settle for a reasonable amount with the risk management department of the restaurant or to file a small claims action.
Answer Applies to: California
Replied: 9/30/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Sure you could sue but realistically, what would be your potential for recovering monetary damages that would be likely to substantially offset the cost of the litigation? Probably, about zero potential under the facts as described (in my opinion). Yes, you should've taken the offer of a free Taco Bell meal.
Answer Applies to: Virginia
Replied: 9/30/2011
Law Office of Mark J. Leonardo | Mark Leonardo
You can sue if that is what you really want to do, but its probably just a Small Claims matter. You can try first by sending a certified letter to Taco Bells risk management department if you can track it down. If not, send it to the manager of the particular Taco Bell in concern. Hopefully you took photos and are able to document how long you have been affected by this outbreak. If you do not get what you want from making a claim, then file a Small Claims Complaint, which requires that you make a written demand in the first place any way. The reason this is a nominal case is because you do not have any permanent damage and the area of the reaction will likely heal in a short time. If you were an actor or model and had to forego work, thats a different story. The embarrassment you have had to suffer from the reaction is compensable as are your medical expenses.
Answer Applies to: California
Replied: 9/30/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Chapter 7.72 of the Revised Code of Washington (RCW) addresses product liability actions.
Answer Applies to: Washington
Replied: 9/30/2011
Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
You can pursue a claim or suit against the restaurant, but whether you will be successful is not clear. The restaurant is responsible to act reasonably when serving food to its customers. The question would be once you notified the employee of your condition, did they not act reasonably when serving the ranch dressing to you. My recommendation is that you photograph the swelling, blisters and other marks caused by the reaction to document it. You should contact an attorney to advise you of your specific rights and practicalities of proceeding in your case.
Answer Applies to: Florida
Replied: 9/30/2011
Barry Rabovsky & Associates | Barry Rabovsky
We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answer Applies to: Illinois
Replied: 9/30/2011
Theodore W. Robinson, P.C. | Theodore W. Robinson
While I'm sure this is a big deal to you, I don't think a personal injury lawyer or a jury of your peers would think much of it. You had some inconvenience and slight pain, butbeyond that, you didn't suffer any permanent injury, except to your pride fromwhat youwrote. I suggest you be much more carefulwhen yougo to any restaurant and stay away from ranch dressing in the future andhave someone else test for it before you eat any salads in the future. I think if you start a law suit,even if you win, you won't win enough to warrant all the work that will go into it. I respectfully suggest you chalk it up to experience and then stop worrying about it. Good luck.
Answer Applies to: New York
Replied: 9/30/2011
Coulter's Law | Coulter K. Richardson
Technically, yes. In practice, it should not be necessary to sue. You should hire an attorney to show you are serious. However, your injuries are relatively minor, so don't be expecting some big payday. I don't see a problem in getting your medical bills covered.
Answer Applies to: New Jersey
Replied: 9/29/2011
Law Offices of Richard Copeland, LLC | Richard Copeland
Let it go. You don't have enough damages to warrant a lawsuit or even a claim. It would take more of your time and energy than you could ever hope to recover.
Answer Applies to: Colorado
Replied: 9/29/2011
The Margolis Firm | Charles J. Candiano
I am genuinely sorry to hear about your ordeal. That said, your injury is comparatively minor, is completely transient, and it has likely cost you little or nothing to treat, given that you presented to the campus infirmary. Personal injury lawsuits are intended to compensate individuals who sustain significant, permanent injury. There is no viable case here. Change the situation slightly to where you have a more severe allergic reaction. Your throat swells, you have difficulty breathing, and your dining companion has to call the EMTs who decide to intubate you. In this scenario, you would have an action because you reasonably feared for your life and the severity of your reaction was well-documented. If you are allergic to a common component of ranch dressing, you should learn exactly what that component is, for your own safety as it may be contained in many other foods.
Answer Applies to: Illinois
Replied: 9/29/2011
Kelaher Law Offices, P.A. | James P Kelaher
If you received no medical treatment other than at the campus clinic, and the only reason you went was to "get the selling and blister on my lip documented" and not for treatment, then your case isn't worth more than a few taco bell meals. Take the free food.
Answer Applies to: Florida
Replied: 9/29/2011
Klisz Law Office, PLLC | Timothy J. Klisz
Unless you have some long lasting injury, its not really that big of a damages case. It might also be hard to prove you told them about your allergy before eating your food.
Answer Applies to: Michigan
Replied: 9/29/2011
Cody and Gonillo, LLP | Christine Gonilla
You will have to document your medical expenses and how the incident has affected your daily life. You should be entitled to some recovery aside from a free meal.
Answer Applies to: Connecticut
Replied: 9/29/2011
