Ever heard of Stella Liebeck Vs Macdonald’s hot coffee case? In 1992, 79-year-old Stella Liebeck purchased a takeout coffee from a McDonald’s drive-thru in Albuquerque and accidentally spilled it on her lap. She subsequently sued McDonald’s, and a jury awarded her almost $3 million in punitive damages for the burns she incurred. This is just one example of the thousands, if not millions of restaurant injuries that have taken place over the decades.
When dining out at a restaurant, the last thing you would expect is suffering harm due to negligence or wrongdoing. Unfortunately, incidents like food poisoning, allergic reactions, or slip-and-fall accidents can occur and result in major physical, emotional, or financial distress.
In such cases, a victim might wonder how much money they can get from suing a restaurant. Now, here is where this blog post comes in because of the potential compensation one might receive from suing a restaurant.
Common Reasons for Suing a Restaurant
For a person to successfully sue a restaurant, something must have happened. This is probably some form of damage, injury, or illness. Below are the common scenarios in which a restaurant might be sued, each with its own set of legal considerations and potential compensation:
Food Poisoning
It is the most common reason to sue a restaurant. Contaminated or improperly handled food leads to severe gastrointestinal distress, requiring medical treatment and causing missed work or long-term health issues.
Allergic Reactions
Restaurants are responsible for ensuring that food allergens are clearly communicated to patrons. Failure to do so results in severe allergic reactions, which might necessitate emergency medical care and long-term treatment.
Slip and Fall Accidents
Slip and fall accidents mainly occur due to wet floors, uneven surfaces, or poorly maintained areas. These accidents lead to serious injuries such as broken bones, concussions, or sprains, often resulting in substantial medical bills and time off work. With restaurants mandated to ensure customer safety, they end up being liable.
Foreign Objects in Food
Discovering a foreign object in your food, such as a piece of glass or metal, causes physical harm and psychological trauma. Ingesting such objects can lead to internal injuries that require immediate medical attention.
Employment-Related Issues
Employees of restaurants can also sue a restaurant – their employer. The sue may be based on various reasons, including workplace injuries, discrimination, wrongful termination, or wage disputes.
Legal Basis for Suing a Restaurant
All lawsuits against a restaurant cannot fall under the same legal framework. Different types of legal claims are made depending on the circumstances:
Personal Injury Law
This area of law covers cases where an individual has suffered harm due to the negligence or intentional actions of another. In the context of a restaurant, personal injury claims often arise from slip and fall accidents or physical injuries caused by foreign objects in food.
Premises Liability
Restaurants have a duty to maintain a safe environment for their patrons. Premises liability law holds property owners responsible for injuries that occur due to unsafe conditions on their property.
Product Liability
If a restaurant serves contaminated or improperly prepared food that causes illness, product liability laws may come into play. These laws hold manufacturers, distributors, and retailers liable for harm caused by defective or unsafe products.
Employment Law
Employees can sue restaurants under employment law for issues such as workplace injuries, harassment, discrimination, or wage and hour violations.
How Much Money Can You Get From Suing a Restaurant
What you need to be aware of is that the exact money one can get from suing a restaurant is not fixed. With the cases being presented to different judges and jurisdictions, the amount cannot be even. In estimating the amount, the following has to be kept in mind.
Food Poisoning
For mild cases with minimal medical treatment, compensation might range from a few hundred to a couple thousand dollars. Severe cases requiring hospitalization and resulting in significant loss of income or long-term health issues could potentially result in settlements ranging from tens of thousands to hundreds of thousands of dollars.
Slip and Fall Accidents
Compensation for slip and fall accidents varies widely based on the severity of injuries. Minor injuries might result in settlements of a few thousand dollars, while more severe injuries causing long-term disability could result in settlements ranging from tens of thousands to millions of dollars.
Allergic Reactions
Compensation for allergic reactions depends on the severity of the reaction, the negligence of the restaurant in accommodating dietary needs, and the resulting damages. Settlements might range from a few thousand to tens of thousands of dollars.
Breach of Contract
Compensation for breach of contract claims can vary greatly depending on the specifics of the breach and the resulting damages. Settlements might range from a few thousand to tens of thousands of dollars, or even more for significant financial losses.
It is not possible to provide definitive estimates because of the vast case-by-case nature. However, a simple breakdown of possible ranges for restaurant lawsuit settlements can be made as below:
Food Poisoning:
- Low: A few thousand dollars for mild illness with minimal medical bills and lost wages. Settlement would be estimated to be between $5,000 – $10,000.
- Mid: $10,000 – $50,000 for more severe illness requiring hospitalization or causing significant lost wages.
- High: Six figures or more for severe illness with long-term health consequences.
Personal Injury (Slip and Fall, etc.):
- Low: A few thousand dollars for minor injuries with minimal medical bills. Settlement is estimated to be between $20,000 – $50,000 (depending on medical bills, lost wages, and pain and suffering).
- Mid: $10,000 – $100,000 for moderate injuries requiring ongoing medical treatment or causing lost wages.
- High: Hundreds of thousands or even millions for serious injuries with permanent disabilities or long-term medical needs.
The amount of compensation that is received from suing a restaurant depends on factors like the severity of the illness/injury, the medical expenses incurred, lost wages or earning capacity in case the person was supposed to be at work, and the suffering incurred (non-economic and emotional distress). Also, punitive damages meant to punish the defendant and deter similar behavior in the future are also considered.
Read More About: How to Make Passive Income While in the Military
Process of Suing a Restaurant
The process of suing a restaurant involves several steps, from gathering evidence to potentially going to trial:
1. Initial Steps and Gathering Evidence: The first step is to document the incident thoroughly. This includes taking photographs, collecting witness statements, and keeping records of medical treatments and expenses.
2. Filing a Lawsuit: The next step is to file a formal complaint in the appropriate court. This document outlines the plaintiff’s allegations and the compensation being sought.
3. Negotiation and Settlement: Many cases are resolved through negotiations before going to trial. Both parties may agree on a settlement amount to avoid the costs and uncertainties of a trial.
4. Going to Trial: If a settlement cannot be reached, the case will go to trial. Both sides will present their evidence and arguments, and a judge or jury will determine the outcome and any awarded compensation.
Conclusion
The potential compensation from suing a restaurant varies widely depending on the circumstances, such as the severity of the incident and resulting damages. While exact figures are difficult to predict, settlements range from a few thousand dollars for mild cases to six figures or more for severe injuries. The process involves gathering evidence, filing a lawsuit, negotiating, and potentially going to trial. Overall, seeking legal recourse allows victims to hold restaurants accountable for negligence and seek justice for any harm incurred.
