[FL] Can I sue a restaurant for my medical bills after an allergic reaction?
If I have an allergic reaction at a restaurant because they mixed my burger with seafood and I’m rushed to the hospital, should they be liable for my medical bills?
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If a restaurant serves food with an allergen you clearly warned them about and you’re hospitalized, they can potentially be liable (§768.81).
— Without notice, it’s harder in Florida. Restaurants owe a duty to serve food safe for the average consumer, not undisclosed individual allergies.
— You might still have a claim if there was menu misrepresentation, undisclosed ingredients, or unreasonable cross-contamination contrary to industry standards.
— Realistically, without prior notice, liability is unlikely unless there’s clear menu deception or unsafe practices affecting any diner (§§501.201–204).
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If I have an allergic reaction at a restaurant because they mixed my burger with seafood and I’m rushed to the hospital, should they be liable for my medical bills?
Lexi, Chatbot
Were you able to inform the staff about your food allergies before ordering?
No.
Lexi, Chatbot
Do you have any documentation or witnesses?
That’s easy to get—my best friend called 911.
Lexi, Chatbot
Anything else the lawyer should know?
Yes.
Phil (Immigration Phil)
Can you provide some context? Did you notify the restaurant of your allergy?
No, I didn’t know I was supposed to.
Phil (Immigration Phil)
Do you have a seafood allergy, and did the restaurant use something that triggered it?
The nurse said they contaminated my burger with seafood, and I woke up in the ambulance.
Phil (Immigration Phil)
Which state did this happen in?
Florida.
Phil (Immigration Phil)
If a restaurant serves food with an allergen you clearly warned them about and you’re hospitalized, they can potentially be liable (§768.81).
— Without notice, it’s harder in Florida. Restaurants owe a duty to serve food safe for the average consumer, not undisclosed individual allergies.
— You might still have a claim if there was menu misrepresentation, undisclosed ingredients, or unreasonable cross-contamination contrary to industry standards.
— Realistically, without prior notice, liability is unlikely unless there’s clear menu deception or unsafe practices affecting any diner (§§501.201–204).
Thanks.
Phil (Immigration Phil)
You’re welcome.
Phil (Immigration Phil)
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