Can I sue a restaurant for serving food that burned and blistered my lip?

Last night at a restaurant, I ordered onion rings. When they came out the server gave me no

warning of the temperature. I took a bite and the scalding hot onion fell onto my lip burning it. The employees also acted like they couldn’t care less. I would like some advice on the steps that I need to take next.

Asked on April 30, 2017 under Personal Injury, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First of all, in order to have a claim against the restaurant you will need to receive medical treatment to document your injury. Prior to filing a lawsuit, it may be possible to settle the case with the restaurant's insurance carrier. Inform the insurer (in writing) that you will be filing a personal injury claim. When you complete medical treatment or the doctor declares that your condition is "permanent and stationary" (i.e. your at the point in your medical treatment where no further improvement is anticipated), obtain all related dicumentation - medical bills/reports and documentation of wage loss. Then send them to the insurance carrier; they will be used to determine what you are entitled to as a settlement (e.g. reimbursement for medical bills and compensation for pain and suffering and lost wages). If the case is settled with the insurance company then no lawsuit is filed. However, if you are dissatisfied with its final offer, then you can reject it and file a lawsuit for negligence against the restaurant.


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