Can I sue the restruantI work at for usingbug sprayin my work area?

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Can I sue the restruantI work at for usingbug sprayin my work area?

I work as food prep at a chain fish restaruant and my bosses spray every morning. In the back of the restaurant and in the garbage can near me the fumes are relay bad and leave a taste in your mouth that lasts all day.

Asked on August 24, 2010 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) IF you have actually suffered some injury or illness--e.g. allergic reaction, hospitalization, etc.--then you would very possibly have a good claim for compensation. However, a "bad taste" is not recoverable for--you have to suffer some actual physical harm or economic loss to have something you can sue over. Without an injury or loss, while you could technically sue, there's no money to receive, so you'd be out of pocket on the law suit.

2) However, if you are concerened about the health impact, you could possibly try contacting the local department of health and seeing if there are standards or regulations pertaining to the use of bug spray in and near a restaurant that are being violated.


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