What to do if I went to restuarant and they served me shrimp after I told them that I was allergic to it?

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What to do if I went to restuarant and they served me shrimp after I told them that I was allergic to it?

I stated please don’t bring me shrimp. Yet, when they brought it out, she did just what I ask her not to do – my food came out with shrimp. So my sister stated to her that I am extremely allergic to shrimp and couls see take it back and bring fresh; the waitress said OK. So about 3 minutes later she came back with my plate. I began to eat and my month started to tingle. I stated that my dinner had shrimp in it. We called the watriess back over and she stated that it was freshly cooked. I replied that it was not; after moving the food around on the plate I showed her the shrimp sauce that was still own the food.

Asked on May 28, 2012 under Personal Injury, Texas

Answers:

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

Answered 9 years ago | Contributor

If you had medical treatment as the result of your allergic reaction, when you complete the medical treatment and are released by the doctor, obtain your medical bills, medical reports and if applicable, documentation of any wage loss.  Your personal injury claim filed with the restaurant's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the restaurant's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the restaurant's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the restaurant.  If the case is NOT settled with the restaurant's insurance carrier, you will need to file your lawsuit for negligence against the restaurant prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you did not have medical treatment as a result of your allergic reaction, you don't have a case and  you will recover little or nothing.


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