What is my next step if I ate moldy bread ata restaurant and was later admitted to the ER?

I ordered a cheese burger at a fast food chain. I ate 2 bites of the burger not realizing the bread was moldy. The next day I was admitted into a local ER. I have pictures, documents and everything that is needed to take legal actions. I am 17 years old.

Asked on July 30, 2014 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Were your injured or made sick? If so, how sick--and how large are your out-of-pocket (paid by you or your parents/legal guardian, not by insurance) medical bills? The reason this is critical is that even if the restaurant was negligent in serving you moldy bread (which they may have been), you can only recover compensation related to the amount of costs you incurred, the amount of wages (if any) you lost, and, for serious illnesses or injuries which caused impairment for several weeks or months, some amount for "pain and suffering" (though unless there was permanent disability of some kind, this amount is likely modest, not large). If you were, as we hope, fortunately enough to only be, perhaps, sickened for a day or two, and incur a few hundred dollars (or less) of out-of-pocket medical bills, it is not likely worth the cost of lawsuit; since you would need medical testimony in a case like this, and medical experts do not come cheap, you could easily spend more on the lawsuit than you would get back.


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