What could I do about getting molded food from a resturant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What could I do about getting molded food from a resturant?
I ordered food from a pizzeria. Hours later I went to eat the dessert I ordered and it had mold
spots throughout to entire container.
Asked on April 24, 2016 under Personal Injury, Pennsylvania
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If you or your baby did not receive medical treatment from eating the moldy food, there is no case. Documented medical treatment is required to support your personal injury case.
If you or your baby received medical treatment for eating the moldy food, then you have a personal injury claim to be filed with the restaurant's insurance carrier. Upon completion of medical treatment and release by the doctor, obtain the medical bills and medical reports and if applicable, your 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 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.
Your baby's claim would include medical bills and medical reports.
Your claim is separate from your baby's.
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 must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your baby and would follow the same procedure as listed above if the baby's case isn't settled. If the baby's case is settled, NO lawsuit is filed.
If the case is NOT settled, the baby's lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or your baby will lose his/her rights forever in the matter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.