Can I sue a fast food place if the grease from the food was so hot it blistered my upper lip?
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Can I sue a fast food place if the grease from the food was so hot it blistered my upper lip?
This other night I got a chicken sandwich for a fast food place. I got home to eat it and I
took a bite out of it and hot grease shot from the chicken and burned my lip so bad it blistered. It
honestly looks like I have herpes on my lip now.
Asked on July 31, 2016 under Personal Injury, Alabama
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You will need to receive medical treatment to document your injury in order to have a claim against the fast food restaurant.
Prior to filing a lawsuit against the fast food restaurant, it may be possible to settle the case with that restaurant's insurance carrier. Inform the restaurant's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your personal injury claim filed with the restaurant's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the restaurant.
If the case is NOT settled with the restaurant's insurance carrier, your lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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