The New York Personal Injury Blog

If Your Burger Bites Back, Can You Sue?

A German chef allegedly lost his ability to taste after biting into a burger at a Gordon Ramsey-owned restaurant in New York City.

The chef claims that he bit into a sharp object while dining and had to get surgery for his injuries. The injury apparently left him without an ability to taste which could be why he's claiming loss of employment as a chef.

In light of this lawsuit, can you sue for injuries you suffered while dining out?

Food Poisoning Injuries

Although restaurants work hard to keep their kitchens and food clean, there's still the possibility of food poisoning. One way to sue for food poisoning from restaurants is to file a negligence lawsuit. All restaurants have a duty to ensure that the food they serve is safe to eat and could be liable if something they cooked made you ill.

However, one of the difficult parts of a food poisoning lawsuit is proving that the food you ate was contaminated or that a food borne contamination got you sick. Since people likely consume various types of food throughout the day, it's hard to show that the meal you had at the restaurant is the culprit.

Fortunately, a New York City personal injury attorney can help you gather evidence of your sickness. A doctor's diagnosis and lab tests of stool samples can also help you prove that the food contamination made you sick.

What About Other Injuries?

While food poisoning injuries are likely the most common, other injuries, like allegedly finding a sharp object in a burger, can also occur. In addition to their duty to serve clean food, restaurants have a duty to make sure that there are no foreign objects in their dishes. Restaurants are responsible for adequately maintaining, monitoring, and inspecting their kitchens.

That's exactly what a woman who allegedly found glass in her sandwich at McDonalds argued. Restaurants could also be liable for slip-and-fall injuries if they failed to put up a "wet floor" sign after they've mopped.

So if your burger bites back or if you've been injured while at a restaurant, you may be able to file a lawsuit against the establishment in a New York court.

Related Resources: