CA Ants for breakfast

[barbara6]

I'd like to know how much, if any monetary amount were to be offered to me. While having breakfast in a public restaurant my family had the awful experience of consuming a large quantity of ants. Because of this experience we are no longer able to eat out, I have ant nightmares, and I get sick to my stomacy whenever we drive past the restaurant.

 

[The Legal Shoppe]

Barbara:

How can you prove there were ants in the food? Did you have witnesses to the food containing ants? Did you actually swallow some ants?

Did you obtain medical treatment? What were your symptoms? How much were your medical bills?

Did you report this incident to the health department?

Did you report this to the restaurant? Immediately? Have you been contacted by the insurance company for the restaurant?

 

[barbara6]

I informed the waitress immediately and she acknowledged that there had been a similiar problem the previous day. I asked for the manager and when the manager came over she stated that the previous staff had not informed her that there had been an ant problem. I was not charged for my breakfast. One half hour after leaving I became ill. I went back to the restaurant and asked for a copy of my receipt validating that I had been there. I was given the copy on which the manager had written no charge due to ants being in food. I was then given an incident report form to complete. I called my doctor to ask if I should be worried about health issues. He said no , that ants are protein. I also told him that since the incident I have been unable to sleep due to nightmares of ants. Anytime I am near the restaurant I get nauseous. My family and I have been unable to eat out at any public restaurant which is a real inconvience because my family and I t used to eat out a lot. I filed a complaint with the Health Dept. and an investigation was done. I was told that there was no evidence of ants but the restaurant manager did acknowledge that there had been a problem and that they had been having the restaurant sprayed weekly instead of the usual monthly spraying. The Health Dept. official was disturbed to hear that the staff did not report the ant problem to the other staff. I have been contacted by their insurance company inquiring about my health and I relayed to them what my doctor said. I also informed them of the emotional problems that I was having. I asked the representative what happens next and he said that since there are no internal problems that he would probably owe me something for the incident. How do you put a price on your emotional well-being. My doctor said that I will eventually get over this but how long will it take me? I have been eating out of vending machines at work because I can't bring myself to go out to lunch. I have to opent the merchandise completely open and pour the contents out in order to inspect for bugs. I feel that the restaurant employees were negligent by not informing the other staff that there was an ant problem. How do you put a price on this? I the restaurant makes me an offer how do I know if they are being fair to me? I have seriously thought about informing the local newspaper about my incident so that it doesn't happen to anyone else. I am truly sick to my stomach on a daily basis just thinking about it.

 

[barbara6]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by The Legal Shoppe:
Barbara:

How can you prove there were ants in the food? Did you have witnesses to the food containing ants? Did you actually swallow some ants?

Did you obtain medical treatment? What were your symptoms? How much were your medical bills?

Did you report this incident to the health department?

Did you report this to the restaurant? Immediately? Have you been contacted by the insurance company for the restaurant?<HR></BLOCKQUOTE>

 

[GPlemons]

So stop thinking about it already. If you only knew what the FDA legally allows in the food you buy at the grocery store (rodent hairs, maggots, etc) you'd never eat again! By your own statement it sounds like the restaurant has done everything they can do to correct the problem and that's all one can ask.

 

[Barbara6]

That's easy for you to say. It didn't happen to you and as far as that other disgusting comment you made if I saw any of what yu mentioned I'd sue them too.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by GPlemons:
So stop thinking about it already. If you only knew what the FDA legally allows in the food you buy at the grocery store (rodent hairs, maggots, etc) you'd never eat again! By your own statement it sounds like the restaurant has done everything they can do to correct the problem and that's all one can ask. <HR></BLOCKQUOTE>

My response:

Barbara, I don't mean to sound disrespectful to you, but do you have any idea why people are not taking you seriously about your perceived problem?

If you don't, it's because you keep writing about this situation on a bulletin board, and probably haven't had an attorney consult yet. Also, you haven't been able to demonstrate any damages; so, even if you do take the restaurant to court, if you can't show damages, you lose. When you fail to see a psychiatrist for your anxieties, that means you have no damages. When you went to the doctor, even your own doctor told you that you were fine. So, it all comes down to you failing to show any congnizable damages. Which leads me to my next point. Time and time again, you threaten to "sue the pants off the restaurant" and anyone else you can think of. When someone talks like that, people tend to think you're a little on the whacko side. Instead of discussing this ongoing saga, for which you have done little, if anything, about, why don't you get a little peace in your life and just move on?

IAAL

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[This message has been edited by I AM ALWAYS LIABLE (edited July 19, 2000).]

 

[The Legal Shoppe]

Barbara:

Tell the insurance company for the restaurant that you are ready to settle your claim. Ask them to make you an offer. If the offer is low, say $500-$1,000, then they are making a nuisance offer to avoid the cost of litigation. If they make a more substantial offer, say $5000-$10,000, then that is an indication that they genuinely want to settle the claim.

Have your doctor write a letter that you reported the incident to him and have him state the psychological effects of food contamination on persons such as you, Then, send this to the insurance company and make a fair demand. What do you think is fair? You should not expect a large recovery since you didn't obtain much medical treatment such as hospital, doctor or psychological treatment. However, contrary to what the other posts on this messsage board have suggested, you do have a claim. You have already taken some steps to document your claim. You would probably have a tough time finding a lawyer to handle your claim because there just isn't enough in it for an experienced personal injury attorney. Try to draw out an offer from the insurance company on your own. Their first offer will tell you their thinking on the claim.

Good luck! Keep us posted.

 

[barbara6]

Thank you so much for your time and valuable advice. I have already done most of what you have suggested. I told the insurance company to make me an offer. Now I'm just waiting to hear from them. I will keep you posted.

 

[barbara6]

I would really appreciate your opinion. What do you think is a fair amount?

 

[The Legal Shoppe]

Barbara:

How much did they offer? The insurance company should make the first offer.

Remember, personal injury claims are not rocket science that can be reduced to mathematical certainty. The value of your claim is dependent upon your medical expenses, lost earnings, and pain and suffering. The pain and suffering is something you will know more about than anyone, including a lawyer. There is no formula for calculating this element of damages.

What are you looking for? Have you mentioned any number to the insurance company?

 

[Barbara6]

The insurance company said that the owner of the restaurant said to offer me $300.00

 

[The Legal Shoppe]

Barbara:

So what are you looking for?

Did you get the records from your doctor? Do they have any reference to this incident?

If you can't get a decent offer from the insurance company, then you will have to file suit against the restaurant, either on your own or through an attorney.

 

[barbara6]

I am still going to try to handle this on my own. I would like to know that if I pass out flyers near the restaurant referencing my experience can I get in trouble. I wouldn't be lieing. Now its not about the $$, they can keep it. I want people to know how they're customers are treated.

 

[barbara6]

I was hoping for the $5000 to $10,000 that you had referenced.