What could I do about getting molded food from a resturant?

I ordered food from a pizzeria. Hours later I went to eat the dessert I ordered and it had mold

spots throughout to entire container.

Asked on April 24, 2016 under Personal Injury, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you or your baby did not receive medical treatment from eating the moldy food, there is no case.  Documented medical treatment is required to support your personal injury case.
If you or your baby received medical treatment for eating the moldy food, then you have a personal injury claim to be filed with the restaurant's insurance carrier.  Upon completion of medical treatment and release by the doctor, obtain the medical bills and medical reports and if applicable, your wage loss.  Your personal injury claim filed with the restaurant's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
Your baby's claim would include  medical bills and medical reports.
Your claim is separate from your baby's.
If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the restaurant's insurance  carrier, reject the settlement offers and file a lawsuit for negligence against the restaurant.  If the case is NOT settled with the restaurant's insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your baby and would follow the same procedure as listed above if the baby's case isn't settled.  If the baby's case is settled, NO lawsuit is filed.
If the case is NOT settled, the baby's lawsuit for negligence against the restaurant must be filed prior to the expiration of the applicable statute of limitations or your baby will lose his/her rights forever in the matter.
 


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