What are my friend’s rights if the restaurant that she ate at gave her the wrong information regarding the ingredients in her meal and she has a medical condition?

My friend and I dined out in a sushi restaurant. She has a thyroid disorder, so she that cannot eat seaweed since high iodine food will affect her thyroid index. The restaurant stated the ingredients on men, and mentioned the sushi is wrapped in soy paper. My friend ate half of it, and saw there’s seaweed wrapped in soy paper. She took the blood test, and the result shows that the index is 20 times higher than usual. My friend is stressed by this, and the restaurant are not admitting they have any responsibility. Could we sue them for wrongly advertised and cause damage to other’s body?

Asked on December 7, 2015 under Personal Injury, Utah

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Has your friend been damaged? That's the key. A high reading does not by itself equal injury; only if your friend is injured in some significant way might it be worthwhile to bring a lawsuit, since you'd need medical expert testimony (about the injury and her condition), which can be very expensive. (You have to pay the cost of your own expert--and also your own attorney.) Your friend can't recover compensation only for being stressed--she needs some significant physical harm to justify a lawsuit.
If there is such harm, then if the restaurant mistated the ingredients, she may have a viable case based on the restaurant's negligence (unreasonable carelessness) in not accurately stating the ingredients.


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