Can I sue for neglence

UPDATED: Oct 2, 2022

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Can I sue for neglence

I am in a residential treatment center. I have
been here for over two months. I have atopic
dermatitis and I am alergic to tomatos,onions
and peppers. I have talked to management for
multiple times with no effect. I scratch
myself to bleeding in my sleep. Due to that I
am suffering tremendously. Right now I have
fresh scratch marks on my arms and legs. I
have pictures.

Asked on October 5, 2019 under Personal Injury, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In theory you can, because to give you foods which you have made them aware you are allergic to would be negligent, or unreasonably careless. But in practice, it's likely not worth doing anything: you can only sue for the actual damage or injury you have suffered, and the scratching your describe, unless it has caused permanent damage, is simply not worth that much money--there is significant money only for long laster or permanent significant life impairment. Meanwhile, the lawsuit could be costly to you: for any suit involving physical harm, you have to hire a doctor to write a report and testify. You could spend as much or more on the suit (e.g. hiring the doctor) as you'd get back.
What you should do is check yourself into a different residential treatment center, one that will respect your allergies and health needs.

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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