Can I sue a restaurant for serving food that burned and blistered my lip?

UPDATED: Sep 30, 2022

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Can I sue a restaurant for serving food that burned and blistered my lip?

Last night at a restaurant, I ordered onion rings. When they came out the server gave me no

warning of the temperature. I took a bite and the scalding hot onion fell onto my lip burning it. The employees also acted like they couldn’t care less. I would like some advice on the steps that I need to take next.

Asked on April 30, 2017 under Personal Injury, Florida


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, in order to have a claim against the restaurant you will need to receive medical treatment to document your injury. Prior to filing a lawsuit, it may be possible to settle the case with the restaurant's insurance carrier. Inform the insurer (in writing) that you will be filing a personal injury claim. When you complete medical treatment or the doctor declares that your condition is "permanent and stationary" (i.e. your at the point in your medical treatment where no further improvement is anticipated), obtain all related dicumentation - medical bills/reports and documentation of wage loss. Then send them to the insurance carrier; they will be used to determine what you are entitled to as a settlement (e.g. reimbursement for medical bills and compensation for pain and suffering and lost wages). If the case is settled with the insurance company then no lawsuit is filed. However, if you are dissatisfied with its final offer, then you can reject it and file a lawsuit for negligence against 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 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.

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