Profile cover photo
Profile photo
McLaughlin & Stern Personal Injury Law Department
6 followers -
Home of top rated Personal Injury Lawyers Dena Sisk Foman and Bill Abel
Home of top rated Personal Injury Lawyers Dena Sisk Foman and Bill Abel

6 followers
About
Posts

Post has shared content
Who is to Blame for the Toxic Tea?

This lady takes a drink of a toxic mixture that led her to weeks in the hospital and significant injuries that are permanent in nature. She is left with chemical burns in her throat and esophagus. While the article does not outline her future care, it does sound like the lethal drink may have a long-lasting impact on her ability to live her life normally.

While we need a few more facts it seems fair that a few assumptions can be made. Surely the lady did not go up and knowingly take a drink out of something that did not belong to her. Likely, she had a drink that was the same size that was near the same location as the toxic mixture. It appears that the toxin, lye, was placed in the ice tea urn. The question becomes whether the restaurant knew of should have known that the tea mixture contained a lethal toxin. Should this type of toxic mixture be used anywhere near food when the restaurant is open?

The other thing to consider is whether the tea in the urn had been served to anyone else and whether there were other complaints before it was served to this lady. The restaurant appears to be busy enough that that using this type of mixture near while food is being prepared was not likely a good idea.

The other thing to consider is whether the woman that consume the beverage has any responsibility for drinking this mixture. It seems hard to think of a scenario in this case where the lady that drank the tea has any responsibility. She was handed the drink by the store employee. How would she know to question its contents?

In Florida, we are a pure comparative negligence state. The jury gets to divide the liability into 100% in determining who is at fault. This means that they can apportion a percentage of fault to any party or entity that is listed on the verdict form. This means that the parties have presented evidence that there are other parties at fault besides the chosen defendant. If the jury find that there was negligence by the defendant, the jury will then be able to determine how negligent the defendant was and the award will be reduced by the percentage of liability. In other words if the verdict is $100,000 and the liability on the defendant is 75%, the plaintiff’s recovery will be $75,000.

In this case, it looks like there is complete responsibility on the store and its employees. The question then becomes the amount of damages. This lady can claim her actual damages- the hospital bills and lost wages and future damages that are likely to occur. She would also be able to ask for pain and suffering damages as a result of the accident.

Dena Sisk Foman.

Footage released shows woman drinking poisonous drink at restaurant - WPEC-TV CBS12 News :: News - Top Stories http://buff.ly/1xmaFEB
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...

Post has attachment
Add a comment...
Wait while more posts are being loaded