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

UPDATED: Sep 8, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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.

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