What is the best way to go about collecting compensation from a negligent restaurant owner?

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What is the best way to go about collecting compensation from a negligent restaurant owner?

I ate a cookie filled with walnuts that was purchased at a local pizzeria 2 months ago. I am severely allergic. At the time I did not realize the cookie was practically loaded with walnuts. There was no warning label or ingredients listed on cookie, nor was there anything posted in the store on the website. I had to be rushed to the hospital due to anaphylactic shock. I spent 2 days there, lost a day of work, and racked up over $3k in bills. Physically, I have not been the same since. I am wondering what would be the best way to collect compensation. Just want what is fair, not millions.

Asked on September 8, 2011 under Personal Injury, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) You can always contact the restaurant, explain what happened, and ask that they pay your bills; they may or may not.

2) If they don't pay, then the only way to get compensation would be to sue for it. If the restaurant is at fault, you could collect medical costs, lost wages, and other out of pocket losses or expenses.

3) The restaurant, however, might not be at fault--not all food is labeled as to ingredients, as you have no doubt noticed, and there is no general obligation of which I aware to label restaurant food. Rather, it may be the case you were negligent or at fault (which would preclude recovery) in that knowing you have a severe, life threatening allergy, you did not inquire into the ingredients.


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