An owner of a restaurant that serves tropical fish comes to you as an expert in seafood toxins with a problem. He received a letter from a legal firm representing a 50-year old male who claims he was a customer and ate at the restaurant 2 months ago. The man had diarrhea a few hours after eating a serving of barracuda, followed shortly with a hot-cold reversal sensation which he found disturbing. He continued to experience this sensation along with prolonged weakness and had not worked for 2 months since then. He is suing the owner and chef for $30,000 for costs associated with the illness, pain and suffering and loss of income. What options do you offer the owner and which one would you recommend to respond to this letter. If the owner is still in business after this legal action, what strategies would you offer him to reduce the chances of being sued again over a similar issue?
As legal counsel or consultation for this restaurant owner I would first EXPLAIN that because of the lull in time before bringing suit and the alleged incident, the owner can easily mount a defense that would result in him or her winning. The lapse in time before the man filed his suit would necessitate research as to whether another cause could be the reason for their ailment. I would subpoena the medical records if possible to get dates and times for when the complainant first went to the hospital to complain of the alleged problems. In this case it would make or break the ...
Food poisoning scenarios are examined in the solution.