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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i need help with finding out about food poisining i went to

Customer Question

i need help with finding out about food poisining i went to a casion buffet and had a salad with italian dressing that tasted nothing but vinger and i ended up throwing it all up plus the food i had eating there also,i had no food in my system before hand so please help me with knowing if i can settle out with them or not
Submitted: 2 years ago.
Category: Legal
Expert:  Zachary replied 2 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

A restaurant has a duty to ensure that its customers do not get sick from its food. There are statutory duties that they have regarding food hygiene, etc.

Zachary D. Norris :

This duty means that if they do something that causes you to get sick that a reasonable person in their position would not have done

Zachary D. Norris :

ie, they are negligent

Zachary D. Norris :

Then they have to pay for the damages that their negligence causes.

Zachary D. Norris :

In your case, you are saying that you got sick from a casino buffet. Buffets are notoriously unhygenic.

Zachary D. Norris :

You are also relating your hospital bill to the food poisoning. So the casino should be responsible for the hospital bill, if you can establish that it was the cause of your hospitalization

Customer:

so can i sue them with the damages that accured to me even heart problems


 

Zachary D. Norris :

You already had heart problems before going to the casino?

Customer:

i have two doctors at the hospital saying that it is and hat i may also have caused my eart problem as well no i didn't have any heart problems actually my heart was good

Customer:

and again after going to the hospital twice the second time theu gave me some very strong meds to where it helped me and my heart was alot better too that day after i ended up in the hospital


 

Zachary D. Norris :

OK, just so I'm straight. The doctors at the hospital told you that your heart problems were because of the food poisoning? Yes or No.

Customer:

i would have to say yes on that well my heart was in better condition after that incadent


 

Customer:
Zachary D. Norris :

OK. What did the doctors diagnose you with?

Customer:

even if it wan't how would it effect the situation


 

Zachary D. Norris :

OK. Lets assume that the heart condition was not caused by the food poisoning

Zachary D. Norris :

Then you ask your self, what damages did the food poisoning cause.

Zachary D. Norris :

You went to the hospital because of the heart condition, not the food poisoning.

Zachary D. Norris :

So, if there is no causal link between the two, you can not sue the casino for the hospital bill

Zachary D. Norris :

If the food poisoning had cause you tangible monetary damages, then you can sue for it.

Zachary D. Norris :

However, they are still liable for the food poisoning incident.

Zachary D. Norris :

You should demand some sort of remuneration, like having them refund your money for the stay, etc.

Zachary D. Norris :

In short, you can sue for food poisoning, but it has to have caused you economic damages which were directly tied to the food poisoning.

Zachary D. Norris :

If we can't establish a connection between the heart condition and the food poisoning, then your only economic damages would be the loss of the value of the meal and the loss of your stay that evening.

Customer:

food posining and had a blot in my lungs right by my heart no i went because of food poisining i went into the bathroom in the casino and threw up everything and then the next thing i remembered was being put into an ambulance


 

Customer:
Zachary D. Norris :

OK. So that's different.

Customer:

the doctors said everything that was happening to me was because of the food poisining


 

Customer:
Zachary D. Norris :

they should compensate you. Even if the food poisoning triggered something that was there before hand, it is still potentially related and is something you should explore.

Customer:

so how much of a different and what is the situation now then


 

Customer:
Customer:

i would like to know so when i talk to them i can give them my settlment out of court


 

Customer:
Zachary D. Norris :

You need to ask them to reimburse you for the cost of the hospital stay

Customer:

because i need to find out by you before i tell you what i am asking what or how much would you ask for


 

Zachary D. Norris :

You need to ask for them to reimburse you the loss of your night at the hotel

Customer:

besides the hospital bill if i can


 

Customer:
Zachary D. Norris :

(if you were staying in a hotel)

Customer:

no i actually live here


 

Customer:
Zachary D. Norris :

Ok, so you can ask for the hospital bill

Zachary D. Norris :

and pain and suffering

Customer:

so what would you ask for as for a settlment then


 

Zachary D. Norris :

without hiring a doctor to get you a better explanation of what the direct result of the food poisoning was, that's about all you can get.

Zachary D. Norris :

I need to know what the hospital bill was

Zachary D. Norris :

Ask for 3 times the hospital bill

Zachary D. Norris :

then be willing to negotiate it down

Zachary D. Norris :

this sounds like a horrible experience, so they should definitely compensate you for more than just your hospital bill.

Zachary D. Norris :

If they don't want to cooperate and give you a good settlement, then you should hire a personal injury lawyer on contingency to get you more money

Zachary D. Norris :

Did you miss any time off of work?

Zachary D. Norris :

You can ask them to pay for your lost wages that resulted from it as well

Customer:

just for a night at hospital plus the test results of x-rays ekg and heart montering it is 7500 or 75,000 a night


then the ekg is 1500 a pop and x-ray is 1500 a pop

Customer:
Customer:

well the thing is i am disabled cannot work


 

Customer:
Customer:

i even use a cane to walk around


 

Customer:
Zachary D. Norris :

Yikes! That sounds about right for the hospital bill then. OK. In your situation, I would ask for $250,000.00

Zachary D. Norris :

Then you negotiate it down.

Zachary D. Norris :

Likely scenario if you don't get a lawyer or put pressure on them some other way (like getting the news to report on it), you will have a hard time getting anything from them on such a large claim. They may just offer to cover your hospital.

Zachary D. Norris :

I would expect that you need a lawyer for a claim this big though. But try first on your own and see what they do. Send the demands in writing to their corporate headquarters and send all the documentary evidence you have proving your case, such as the receipts from eating there and the hospital bill, and if you have any people who were there with you, get their statement in writing to hel p you claim

Zachary D. Norris :

Don't send the originals of course...make copies.

Customer:

so how would i get this done so tha they will pay that because i was not the only one that got food posining from thre the doctor told me that he had recieved at ease 4 others with food posining from there


 

Customer:
Customer:

ot one of them pished the issue like i wan to do very strongly


 

Zachary D. Norris :

You've got to start off by sending the demand letter.

Zachary D. Norris :

The letter reads like this:

Customer:

would this matter with thefact that my wife ended up in the h for anxiety attact because of this situation


 

Zachary D. Norris :

On June 8, 2012, your casino buffet had contaminated food which caused me to experience severe food poisoning. I was taken by ambulence from your property to __________, where I was treated for severe food poisoning. As a result of the food poisoning, I had experienced complications with my heart. The total bill for my hospital stay was approximately $75,000.00.

Zachary D. Norris :

Because I went through this experience, I had pain and suffering in the amount of $150,000.00.

Zachary D. Norris :

I am also aware of several other individuals who had food poisoning that night from your buffet. As the buffet owner you have duties to your customers under Nevada common law and statutory health and safety laws to prevent dangerous contaminants from getting in to your food. Your negligence and breach of duties caused my damages.

Zachary D. Norris :

Please take this letter as notice of my legal demand for payment in the amount of $225,000.00. If an agreement to pay has not been received by me by August 1, 2012, then I will file suit in Nevada state court. I hope we can work this matter out amicably and look forward to your response.

Zachary D. Norris :

Signed,

Zachary D. Norris :

Do you have any further questions?

Customer:

do i need to send it sertified or just give it to them in person and who would i give it too


 

Customer:
Zachary D. Norris :

yes. definitely send it certified.

Zachary D. Norris :

anything else?

Customer:

being disabled does that effect anything twords anything of this


 

Zachary D. Norris :

Yes, it will mean that you cannot recover lost income earning capacity, as you are not working. Other than that, unless it is related to the heart condition, probably not.

Customer:

no my heart problem i didn't have one untl that night but was able to get leared up the next day by the prayer of the lord


 

Zachary D. Norris :

thank god.

Customer:

yes huh

Zachary D. Norris :

Well, I think you are on your way to presenting a good demand.

Customer:

do have another question for ya and it is towards living some where but it is in a motel hotel


 

Customer:
Zachary D. Norris :

ok

Customer:

thanks fo that part i needed it because i knew there was something good on this food posinin ok now a new one for ya to help me on


 

Zachary D. Norris :

technically you are supposed to open up a new question.

Zachary D. Norris :

but I'll take this one for you

Customer:

well my wife and i just moved to a new city and we new nothing about the city and we decided to go into a motel hotel and the guy i was talking to i told him that were looking to find a place to move into we are new to here so i was going to pay just for two weeks and then move some where else because by then we ould find a place to move into

Customer:
Zachary D. Norris :

ok

Zachary D. Norris :

then what happened?

Customer:

well he said he woill have me pay for a month and what ever time is left when we move out he will pay back but when we moved out he would not pay me back, so i went to the justice court and filed a demand paper for the pey he owes me


 

Zachary D. Norris :

OK. So you have sued him for backing out of the contract.

Customer:

and he called me and told me that he had charged my sevice dog and that he would only pay me 80 dallers back for my service dog and that is it but i had talked to someone saying that they cannot charge a service dog expecially if i have papaers on my dog which i did and he even made a copy of it but still charged me so i found out to ask on top of the amount i am asking for but whith ur opinion how much should i ask for


 

Customer:
Zachary D. Norris :

Did you sign any documents regarding the rental of the room?

Customer:

i am trying to yes and i still have it

Customer:
Customer:

and it states that he has no right to hold the money from me


 

Zachary D. Norris :

The damages in this case will the return of the money that he owes you, plus interest, plus the cost of filling the lawsuit

Customer:
Customer:

how about my service dog


 

Customer:
Zachary D. Norris :

This suit is for breach of contract. In this kind of case, you cannot ask for anything to punish a person or for your mental anguish.

Zachary D. Norris :

He owes you the money he agreed to pay you back from the beginning. He can't deduct for the service dog.

Customer:

s going to do around 25,000 should i go for more since i have all the info about my service dog


 

Zachary D. Norris :

You cannot sue for that much in small claims court

Zachary D. Norris :

How much did you pay to stay in the motel

Customer:

sory that is for housing aturoites


 

Customer:
Customer:

hink it was over 800 dallers under 900dallers


 

Zachary D. Norris :

I'm not sure I understand what you mean/

Zachary D. Norris :

ok. And that was for 2 months?

Customer:

i mean at lease enought to not exceed 1,000 for small clais or should i take it higher up


 

Customer:
Customer:

month


 

Customer:

1


 

Customer:
Zachary D. Norris :

So, you paid $900 to stay in a hotel for 1 month.

Customer:

yes


 

Customer:
Zachary D. Norris :

How long did you actually stay there?

Customer:

and only stayed for two weeks


 

Zachary D. Norris :

So, he owes you $450.00 back.

Customer:

yes


 

Customer:
Zachary D. Norris :

You can recover that, plus the filing fees, plus interest.

Zachary D. Norris :

That's all you can sue for in this case

Customer:

how about servicedog

Customer:
Customer:

charges


 

Customer:
Zachary D. Norris :

Yes, he should return those charges....to my understanding that would be included in the $450 that he owes you

Customer:

yes


 

Customer:
Customer:

would i be able to add to that though


 

Customer:
Customer:

se of that


 

Customer:

because of that


 

Zachary D. Norris :

I do not think so. You get to ask for the $450, plus interest, plus filing costs

Customer:

ok thanks


 

Zachary D. Norris :

There are no penalty provisions that I'm aware of that you could ask the court to award you with for the wrongful harge for the service dog.

Customer:

hat is all i need to know about these cases thanks


 

Customer:
Zachary D. Norris :

Great! I'm glad I could help. Please request me if you need answer to another question. I hope you are succesful in your demand and in your small claims case.

Zachary D. Norris :

Please remember to rate me so that I may receive payment for my work.

Zachary D. Norris :

ZDN

Expert:  Zachary replied 2 years ago.
Hi,

I spent a significant amount of time with you and answered two of your questions, you have signaled that I answered your question and you are happy with my service. Please either "accept" or provide me a high "rating" so I can get paid for the work I've done for you.

Thanks,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 14 other Legal Specialists are ready to help you
Customer: replied 2 years ago.

ok i tryed to go on the news but n good on that and i wrote the letter you told me i should as a demand and certified it and yet no answer what else can i do to really put the pressure on them to where they will break down and respond with an amount to settle out if anything.


 

Expert:  Zachary replied 2 years ago.
If they haven't responded, they are not taking you seriously. The next step to do is to sue them.

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