What to do if I’m a celiac and informed a restaurant of this when I ordered but out turned out that was I was not gluten free food and became gravely ill?

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What to do if I’m a celiac and informed a restaurant of this when I ordered but out turned out that was I was not gluten free food and became gravely ill?

I ask 3 times to 2 different servers if my food was gluten free. The risk manager wants me to come up with a settlement amount that I would be comfortable with. I missed work totally a loss of $1200 and missed out of family functions, not to mention was in major pain for weeks. How much should I ask for?

Asked on January 30, 2015 under Personal Injury, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless you had prepaid nonrefundable travel or hotel stays for the family functions, you will not be able to recover anything for them--it's unfair that you missed them, but that's not the kind of unfairness the courts can compensate. If you missed $1,200 of work and was in pain for weeks, you might initially ask for $2,400 - $3,000, but be prepared to settle for anything equal to or greater than your missed work--if you don't settle you'd have to sue, and would almost certainly need medical testimony (e.g. your doctor), so fighting over an extra few hundred dollars would not be worth it.


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