Olive Garden has long been sued by consumers claiming that they contracted cysts that resulted in stomach cramps, nausea, and vomiting after consuming contaminated salads. The source of the infection has never been identified. The Food and Drug Administration has traced a contaminated salad mix that resulted in the cysts in Iowa and Nebraska to a Mexican restaurant chain.
Hospital stays have also been reported for individuals who have eaten contaminated sandwiches. Some of these cases have been brought to court. Some have not. Cases have been settled and others remain unresolved.
Olive Garden lawsuits are often filed by those who purchased the contaminated food and then unknowingly ate it. In this instance, the restaurant chain would be held responsible. This does not mean that all cases brought by Olive Garden would fail. Many will. Still, the likelihood is very slim that a lawsuit would result.
The reasons that such lawsuits fail are complex. In most cases, the plaintiff simply cannot prove that he was ever in any danger. For instance, in one case, a woman claimed that her brother developed cancer from a meal at a restaurant. Despite being informed of his history with leukemia, she sued.
The plaintiff’s brother passed away soon afterward, and her family members were unaware that he had been diagnosed with cancer. She was not at fault for this situation. There are other situations, however, in which families of cancer survivors are more vulnerable to this type of lawsuit. Families often don’t want to be reminded of their loved one’s struggle every time they eat. This is where a lawsuit comes in.
Many attorneys working in the field of personal experiences have found that people rarely sue restaurants when there is no risk involved. It is usually not enough for a consumer to show that an individual at a restaurant caused him or her to be sick. He or she must also show that the illness was due to a product or service he or she bought at the restaurant.
This can often lead to product liability claims. For example, a person may sue a restaurant for not providing him or her with enough utensils to make his or her salad. or that his or her salad was too expensive. A case can also be made for a product that causes a person to be sick because it is too expensive for a budget-conscious person. There is always some amount of risk involved with a restaurant, but the courts are often unwilling to allow the risk to outweigh a plaintiff’s claim of negligence.
If you or a loved one has suffered an illness from a product at a restaurant, there are cases for both product liability and negligence. If you think that you may be eligible for either, consult an attorney. Your case may have merit.
If you have lost money because of a food-related issue, you may be eligible for product liability. Claims of negligent negligence are usually harder to prove, so attorneys will consider the amount of money spent, as well as the harm done to the patient, before they rule out a claim for negligence. If your lawyer does not rule out negligence, you may be able to file a suit for negligence.
Although product liability is not nearly as common, many attorneys still find it appealing to defend consumers who sue restaurants for damages. on the grounds that the restaurant owed them a duty of care, which is a responsibility that is required by law.
In many cases, product liability claims can work to the benefit of the restaurant owner. Restaurants must protect their products from adulteration, whether it involves a small amount of food coloring or anything else.
Even if you win an appeal in the courtroom, the process can be extremely complicated. Many people who win these cases are usually not offered any compensation unless they are awarded punitive damages.
