I ate at a hospital and the woman behind counter made comment about eggs, but served them anyway.. Me, my sister, and grandmother have same symptoms. Went to ER tonight and I Have food poison. What can I do. Can I sue them. I have a hospital bill and missed 3 days of work over this./
Answers:
You can, but proving that it was the hospital food and not something else you ate might be difficult to do. However, if all three of you got sick, and that's the only meal you ate together, then that's decent evidence. It would be good to get a witness who had the same symptoms that wasn't part of your family, because they could just say you guys have an allergy to something and it runs in the family.
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To the person who said you must prove this beyond a reasonable doubt: I'm sorry to say that you are incorrect. In law, there are different standards that are followed when determining fault or guilt. The reasonable doubt standard is ONLY applied in criminal cases because the accused has his or her freedom taken away if found guilty. However, in civil cases (in tort law) where the punishment is monetary loss, there is a different standard that is used: the preponderance of the evidence. Basically, the litigant/claimant/plaintiff has to prove that it is MORE LIKELY THAN NOT that the food poisoning was caused by this restaurant.
Remember the OJ case? He was found not guilty by the jury, but in the civil case he was found liable for the wrongful death of the victims. It was much easier to prove that it was more likely than not that OJ killed those people. But it was very difficult for the District Attorney to prove that he was guilty beyond a reasonable doubt. So he didn't go to jail, but he had a good lump of his cash taken from him.
you can attempt a civil suit.
you might contact the health dpt for them to investigate the reason for 3 ppl getting sick... there might be more cases out there from the same eggs
Only if you can PROVE, beyond a reasonble doubt that they did cause it and then you have to be able to prove there were damages.
ask a lawyer
just drop it, live and learn.
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