At a festival, last night, food half price to get rid of it. Me and my friend agreed on corn on the cob. The workers/volunteers were asked multipul times be myself and my friend if there was any pepper on it. (I'm highly allergic to pepper) we were told no each time, and were not told about any seasonings being on the corn. There was some cheesy coating in it. About 7 or 8 bites later I start having an anaphylactic reaction. Before I cant speak I run over and ask what they put on this 1 more time and they show me a bottle of ol' bay seasoning (main ingredients include pepper). I could have died and I have medical debt now.
The person who runs this tent will not cover all my medical bills. He may cover a part of 1 of them, which I dont feel I should be paying for any of it. His only responses were this is non profit for baseball and to talk to his lawyer.
Do I have a case to have my medical bills paid?
Yes, you have a case, provided that you can prove negligence. That is often difficult in a he said/she said scenario without a clear paper trail. For example, in this case it seems to me that you would have to prove you said what you said, that someone heard it, and that the harm you suffered was a foreseeable result of their false statements. Also, they may argue that you were contributorily negligent if that "cheesy coating" should have been a red flag. These are just a couple of factors. Years are spent in litigation developing records in cases like this, which are eventually considered by a judge or jury. That said, do you have a case based on these facts? Yes, I believe so.
I agree with the prior answer. I suggest you gather up the names and contact information of all potential witnesses along with your medical records. Then go have a detailed conversation with a local personal injury lawyer.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
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