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Do I have a restaurant negligence case?

Houston, TX |
Filed under: Credit Evidence

While eating a blue crab cake at Landry's Seafood, about 3/4s of the way through I discovered what I thought at first to be a burnt bottom on the crab cake. After further inspection it turned out to be an adhesive food inspection and expiration tag. The tag had a possibly toxic residue of some sort on it along with it be fully filled out with hand written ink displaying the current employee approval signature and expiration date of the item it related to.

Once the item was found I proceeded to take pictures of the item and reported the incident to the waitress who promptly relayed the message with the manager on duty. The manager immediately before inquiring about the situation tries to discard of the item as if he wants to rid of the evidence. I stopped him and have froze the label.

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Attorney answers 2


Probably not.

There are several elements you must prove in order to prevail in a negligence case. One of them is that you suffered some actual harm. It's not clear from your post that you've suffered any harm, beyond perhaps a histrionic episode in a public place.

Taking a piece of food home is also worthless evidence. At trial, they will defeat that evidence pretty quickly. Your photos and the testimony of eye-witnesses are your only worthwhile evidence. But again, if you have not suffered any harm from the incident, you don't have a negilgence case.

You may have other causes of action, but the value of those causes of action would probably be limited to your financial loss, which probably would have been mitigated had you allowed the manager to credit your bill for the cost of the unsatisfactory food.


It would cost you more to sue on these facts than you could recover if you won. I don't know if it will make you feel any better, but when it comes to foreign matter in foods prepared at restaurant, yours is a light-weight in the competition. A little internet research on this issue may leave you feeling like you got lucky.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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