If my friend got chemical poisoning from unknowingly drinking heavy duty soap out of a closed to-go cup at a restaurant, what action can he take to make sure the restaurant pays his ER bill?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my friend got chemical poisoning from unknowingly drinking heavy duty soap out of a closed to-go cup at a restaurant, what action can he take to make sure the restaurant pays his ER bill?

Asked on October 12, 2012 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When the incident occurred, the restaurant should have been notified and a report of the incident taken by the restaurant so that the restaurant cannot subsequently claim that the chemical poisoning may have occurred elsewhere.

Your friend should file a personal injury claim with the restaurant's insurance carrier.  When your friend completes his medical treatment and is released by the doctor, he should obtain his medical bill, medical report, and if applicable, documentation of any wage loss.  Your friend's personal injury claim filed with the restaurant's insurance carrier should include these items.  Compensation for the medical bill is straight reimbursement.  The medical report will document the nature and extent of your friend's injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bill.  Compensation for wage loss is straight reimbursement.

If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If your friend is dissatisfied with settlement offers from the insurance carrier, he should reject the settlement offers and file a lawsuit for negligence against the restaurant.  If the case is NOT settled with the restaurant's insurance carrier, your friend will need to file his lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or he will lose his rights forever in the matter.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption