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


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.