Can I sue for neglence

I am in a residential treatment center. I have
been here for over two months. I have atopic
dermatitis and I am alergic to tomatos,onions
and peppers. I have talked to management for
multiple times with no effect. I scratch
myself to bleeding in my sleep. Due to that I
am suffering tremendously. Right now I have
fresh scratch marks on my arms and legs. I
have pictures.

Asked on October 5, 2019 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In theory you can, because to give you foods which you have made them aware you are allergic to would be negligent, or unreasonably careless. But in practice, it's likely not worth doing anything: you can only sue for the actual damage or injury you have suffered, and the scratching your describe, unless it has caused permanent damage, is simply not worth that much money--there is significant money only for long laster or permanent significant life impairment. Meanwhile, the lawsuit could be costly to you: for any suit involving physical harm, you have to hire a doctor to write a report and testify. You could spend as much or more on the suit (e.g. hiring the doctor) as you'd get back.
What you should do is check yourself into a different residential treatment center, one that will respect your allergies and health needs.


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