What to do if my father ate something bad at a restaurant that caused injury and the restaurant refuses liability?

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What to do if my father ate something bad at a restaurant that caused injury and the restaurant refuses liability?

A few days ago my parents were dining at a restaurant when my father swallowed a sharp metal object in the food that caused him to choke. An ambulance was called and after a bunch of tests, and the manager promised to pay for everything. Of course, after my father was released from the hospital, the restaurant HQ refused to pay for medical costs without evidence of their wrongdoing. Is there anything they can do? They do have -rays from the hospital and the doctor that is willing to corroborate my father’s case.

Asked on May 3, 2012 under Personal Injury, California

Answers:

Robert Slim / Robert C. Slim - Attorney at Law

Answered 9 years ago | Contributor

This is a case of "strict liability."  Therefore, you do not have to prove negligence or "wrongdoing."  So long as you can prove that the metal object was in the food and that your father was injured as a result of injesting it, then the restaurant is automatically liable.  If you have the object, that would make the case stronger.  If you do not have the object, then you might be able to document it through the medical records.

Barry J. Simon / The Law Office of Barry J. Simon

Answered 9 years ago | Contributor

Did you keep the metal object as evidence? Are their ongoing problems with your dad from swallowing the object or is he all better now.


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