Choking is a hazard that customers often do not think about when eating at a restaurant, but it is something that is an ever-present threat. While a restaurant typically would not be found responsible for a customer choking on food, there are some cases where a customer may actually be able to sue for damages.
If food is improperly prepared, this can lead to choking. For instance, if bones are left inside, this can lead to choking. Or, there may be foreign objects that were left behind in the food. This can be used as a reason to hold the restaurant responsible for the choking incident. You may not win a case if an object was found in your food that would be expected. For instance, if you find a bone in your fish, this would not be sufficient grounds for a lawsuit.
Failure To Offer Medical Attention
Even if there is nothing wrong with the food, a failure to take appropriate medical action in response to choking can be another reason for a wrongful death lawsuit. The asphyxiation that can result from failure to treat choking can lead to brain damage or death. If there is something within a restaurant that injures you, the legal system gives you the right to pursue compensation. Restaurants have a very high duty of care not to injure their customers. This not only includes laws and regulations, but also anything that could be foreseeable to cause an injury.
Emotional Distress From Unexpected Choking Hazard
Even if you did not require medical attention, you may have a case if an object was found in your food that would not be expected. If you find a bone in your pudding, for instance, the choking you experience could lead to emotional harm and this may be used as grounds for a lawsuit.
Regardless of the case, you should contact a personal injury attorney as soon as possible to determine whether it is sensible to pursue the case. The sooner you pursue a case, the better. Otherwise, there is a risk that the evidence will be lost. You must have called for help immediately. The management must have been notified of exactly what happened. For insurance purposes, the manager will fill out an incident report. This is a crucial part of proving your case and will be used by your lawyer to see a settlement.