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Extermination, hospital bills, restaurant

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yufei07

Junior Member
What is the name of your state (only U.S. law)? ny
As i was using my cellphone to preview, it just posted with nothing.

I work in a restaurant in NYC, and we rent the 1st floor, and we have neighbors and tenants above us.
Last time when we used a fogger(aka the bomb) for extermination the tenants at 5th floor claimed that it affected them and they send their kid to the hospital with ambulance, and gave us the bill demanding us to pay it.
I actually stayed with the exterminator at the process, the bomb was set at the basement and we were waiting at the 1st floor and didn't leave the area until it's done.
So, here are my concerns.
1. The tenant demands us to pay the bill or else his credit will be ruined, and he will go to legal and want to sue us for it
2. If we pay the hospital bills, does that mean the restaurant is also liable for any future expense of the child, saying that this fogger has affected the childs health and needs monthly check up etc.
3. Does the ventilation of the building has anything to do with the fogger somehow goes up from basement to the 5th floor?

Here's my personal opinion, I feel bad for the kid that was in the stroller that went to hospital via ambulance, but we are a restaurant, and to get rid of pest, we used an fogger, and we sealed the pipes and the water drain, and I was there with two of our coworkers to work with the exterminator. The bomb was at basement and we barely smell it at 1st floor, so to us, it's almost impossible for someone at the 5th floor to use his exact words "coughing his head out"
However, now at this point I really dont know who should be paying this bill.
Is the restaurant responsible? the exterminator? or was the tenant just over reacting?
I will provide more information if needed, thank you for reading.
 
Last edited:


LdiJ

Senior Member
What is the name of your state (only U.S. law)? ny
As i was using my cellphone to preview, it just posted with nothing.

I work in a restaurant in NYC, and we rent the 1st floor, and we have neighbors and tenants above us.
Last time when we used a fogger(aka the bomb) for extermination the tenants at 5th floor claimed that it affected them and they send their kid to the hospital with ambulance, and gave us the bill demanding us to pay it.
I actually stayed with the exterminator at the process, the bomb was set at the basement and we were waiting at the 1st floor and didn't leave the area until it's done.
So, here are my concerns.
1. The tenant demands us to pay the bill or else his credit will be ruined, and he will go to legal and want to sue us for it
2. If we pay the hospital bills, does that mean the restaurant is also liable for any future expense of the child, saying that this fogger has affected the childs health and needs monthly check up etc.
3. Does the ventilation of the building has anything to do with the fogger somehow goes up from basement to the 5th floor?

Here's my personal opinion, I feel bad for the kid that was in the stroller that went to hospital via ambulance, but we are a restaurant, and to get rid of pest, we used an fogger, and we sealed the pipes and the water drain, and I was there with two of our coworkers to work with the exterminator. The bomb was at basement and we barely smell it at 1st floor, so to us, it's almost impossible for someone at the 5th floor to use his exact words "coughing his head out"
However, now at this point I really dont know who should be paying this bill.
Is the restaurant responsible? the exterminator? or was the tenant just over reacting?
I will provide more information if needed, thank you for reading.
I used to own a restaurant and I would have NEVER used a fogger for pest control. That gets insecticide all over everything and its impossible to guarantee that it won't find its way into the food. There are better means of pest control for restaurants.
 

FarmerJ

Senior Member
I suggest you use the links above and hire a attorney to assist you , considering that this tenant might also be talking to a attorney.
 

STEPHAN

Senior Member
Using a fogger (aka the bomb) at a restaurant?

Just must be kidding.

I would never eat there again. You have no way to ensure it does not get into food.

Any yes, I know many people who are totally affected by this poison.
 

justalayman

Senior Member
So while you claim you could hardly smell the chemicals, how did the 5th floor tenant even know you used the bug bomb


If there is a common vent, forced air heating system, or even an elevator, yes, the chemicals could have easily spread to the 5th floor.
 

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