What to do if my family have a restaurant and a customer get sick after eating here and now they are going to sue?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my family have a restaurant and a customer get sick after eating here and now they are going to sue?
This happened 4 months ago and I received a mail from their lawyer last month. It said that the customer went to the hospital and now the lawyer wants to talk to my insurance company. However, I don’t have insurance. So far I haven’t responded to the lawyer. If I continue not to respond, what is going to happen? Can the lawyer close my restaurant? If he can, how long will it take?
Asked on July 17, 2014 under Personal Injury, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If you don't respond and come to some agreement they find satisfactory, they can try to sue you for any medical costs they customer incurred, any lost wages (such as if they couldn't work for a few days), and *possibly* for pain and suffering if they suffered some long-lasting impairment or disability; the fact that you don't have insurance doesn't mean they can't sue and, if they win, expect you (or your restaurant, if it's a corporation or LLC) to pay the money.
That doesn't mean you have to agree to pay anything: bear in mind that to win if they sued you, 1) they'd have to prove, such as with both witness and medical testimony, that the person got sick at your restaurant, due to some problem with the food; and 2) that the amount of money they are claiming or asking for is directly related to that illness. You may feel that they can't prove it was your fault; or that they amount they are asking for is ridiculous. Just bear in mind, that if they think they are owed something and you and they can't work it out, they could sue you for the money, and you'd have to deal with the lawsuit.
They cannot themselves directly close the restaurant, but if they feel there was health or sanitary violation, they could report you to the appropriate government agency, which may investigate and, if they find a problem, take action.
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 AttorneyPages.com 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.