Visitor Question

Food Poisoning After Restaurant Served Raw Chicken…

Submitted By: Kate (Ocala, Florida)

My daughter and I ate at a national chain restaurant only a few hours ago. I ordered her the chicken tenders and when they arrived they didn’t look the normal color, but I was a bit preoccupied with my meal and didn’t think much of it.

Several bites into her meal I took a bite of her chicken. The consistency was off so I spit it into my hand and noticed then that the chicken was ENTIRELY raw.

I called over a manager and made him aware of it and he offered her more to which I said no. I did not eat another bite and when I got my bill I noticed the chicken had been removed but nothing else. I paid and left only after the manager had asked for my name and contact info.

I intend to take my child to the ER as now, only hours later she is vomiting and shaking. I would like to know how to proceed in my best interest when the restaurant’s corporate office contacts me.

I am not dumb enough to accept a “free meal” voucher but I also feel as if they need to pay my hospital bills, as I would not have had to take her to the hospital if not for this incident, caused by their raw chicken meat.

I pray that this is not serious enough to permanently harm or kill my daughter. What can I do? Thanks for any info you can give.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kate,

You are “right on the mark” by considering the restaurant’s clear liability for the food poisoning. As long as the vomiting was caused by the raw chicken, and apparently it was, you don’t need to be concerned about collateral issues.

Keep a journal of the entire chronology of what happened from the minute you saw the raw chicken, through to the present time.

Although it doesn’t appear the injuries will be more serious than a bad case of food poisoning, you should not consider entering into a settlement with the restaurant’s corporate office or their insurance company until you are sure the injury and its treatment have run their course.

You have plenty of time, as the Statute of Limitations for settling a personal injury claim or filing a lawsuit in the State of Florida is four (4) years.

A fair settlement would be approximately 3-4x the amount of your daughter’s medical bills. That multiple takes into account any of your lost wages, out of pocket, the medical bills, and your daughter’s pain and suffering. Unfortunately Florida law does not consider the vicarious pain and suffering of a parent.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 9, 2012

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