If I recently ate at a resuraunt and got Salmonella and was in the ER twice, how do I go about getting my bills taken care of?

Asked on October 12, 2015 under Personal Injury, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First, you can trying simply asking the restaurant for compensation share with them what happened, the bills, and, if necessary, explain to them that if you don't receive compensation, you will be forced to sue them. That may get them to offer something--it may not be all you want, but if you can get a reasonable sum without having to sue, you would be in good shape.
If they won't voluntarily offer you compensation, or refer the matter to you their insurer who may then pay you you can't make them give the claim to their insurer, then all you can do is sue them. To win, you'd have to be able to convince a court by a "preponderance of the evidence" that it is more likely than not that you got the Salmonella from the restaurant and there incurred certain ER bills. You can use your own testimony, but may have to also subpoena one of the ER doctors to testify and state that he/she believes that you likely did--or at least plausibly may have--gotten the salmonella from the restaurant.


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