If you choked on improperly prepared steak at a California restaurant and suffered injury, you may have grounds for a personal injury claim. California law holds restaurants accountable for serving safe food and maintaining a safe environment for patrons.
Legal Basis for a Claim
Under California law, restaurants have a duty to provide food that is safe to eat and to maintain a safe environment for their customers. If a restaurant serves food that is improperly prepared—such as steak that is too tough, improperly cut, or otherwise poses a choking hazard—and a patron is injured as a result, the restaurant may be held liable for negligence.
In the case of Mexicali Rose v. Superior Court (1992), the California Supreme Court held that restaurants could be held liable for injuries caused by foreign objects, including natural food parts like chicken bones, if they failed to exercise due care in food preparation. This decision expanded the scope of restaurant liability, emphasizing the importance of food safety .
Potential Defendants
In a choking incident involving improperly prepared steak, potential defendants could include:
- Restaurant Owner or Operator: If they failed to ensure proper food preparation and safety standards.
- Chef or Kitchen Staff: If they improperly prepared the steak in a way that made it hazardous to eat.
- Food Supplier: If the steak was contaminated or improperly handled before reaching the restaurant.
Steps to Take
If you have been injured due to choking on improperly prepared steak at a restaurant, consider the following steps:
- Seek Medical Attention: Promptly consult a healthcare professional to diagnose and treat your condition. Medical records will be vital evidence.
- Preserve Evidence: If possible, retain a sample of the steak that caused your injury, along with receipts and any packaging.
- Report the Incident: Inform the restaurant about the incident and request a copy of their report.
- Consult an Attorney: Contact a personal injury lawyer experienced in foodborne illness and premises liability cases to evaluate your situation and discuss potential legal actions.
Statute of Limitations
In California, you generally have two years from the date of the incident to file a personal injury lawsuit. However, certain circumstances may affect this timeline, so it’s advisable to consult with an attorney promptly.
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