Legal Question in Personal Injury in New York

Re: Sick from restaurant food - do I have a claim

You seem to have a provable claim with substantial value. Generally, New York City personal injury numbers are much larger than claims made in New Jersey, but do not plan on retiring, just yet. Get

an experienced New York City attorney and be guided by his opinions.

Gary Moore

Re: Sick from restaurant food - do I have a claim

I have litigated various food poisoning cases, from tricinosis to peanut allergy. Depending on expert testimony, and potential other sources of the disease, the case can certainly be brought, the question is whether you will be able to prove it came from that meal.

Re: Sick from restaurant food - do I have a claim

A case alleging food poisoning cannot be based on speculation by doctors. There must be evidence establishing the offending food was in fact contaminated (sample tested) or that the infection was directly caused by eating the food. Not "could be" but "likely was". Also, an allergic reaction must be ruled out. Finally, it would be necessary to show the bacteria was not merely in the body of the animal as it lived, but caused by either improprer refrigeration, undercooking, exhausted shelf-life before sale (i.e. even if properly refrigerated, the squid was too old to eat), etc. Overall, not an easy case, but if the elements can be proven, the damages seem significant. Thank you. VTY, M. E. Zuller (NYC)