Legal Question in Education Law in New York

My school lunch sent me to the hospital.

Can you sue a high school for eating school lunch containing peanut oil (not knowing it was in the lunch, of course), which you had an allergic reaction too? I cut out of school and went to a hospital, which I have records and a doctors note from. Do I have a case?


Asked on 2/09/08, 10:16 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: My school lunch sent me to the hospital.

You might. It depends on what opportunities the school gave you to know there was a peanut oil in the lunch.

On the other hand, it sounds as if the ultimate damages were not much, the case is not going to have a big settlement offer unless you had to have invasive procedures (surgery, stomach pump etc.) Still you should contact counsel to see if there is anything available to you even if it is just to pay medical expenses.

Good luck.

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Answered on 2/10/08, 9:40 pm


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