How do I sue a restaurant for serving me seafood which I am allergic to? I placed a to go order for food got home to eat dinner half way done I had severe allergic reaction. I used my epi pen that night because my throat started to close and I got hives from head to toe. I went to my doctor the next morning; I received two more shots and two prescriptions and missed work for four days. I worked with their insurance company for the next 8 months providing them with all information they requested. Negotiations broke down after they offered me $850.00. I hired an attorney which contacted the insurer, my attorney said that he never worked with anyone more difficult and didn't think he could get me more than the $850.00. I had negotiated on my own and he didn't feel right taking a third of it. I let my attorney go and waited two months to hear from the insurer, I called and was informed that my case was closed after my attorney turned down the $850.00 offer for not enough evidence. Now what do I do, file in small claims court on my own? Any help with this would be great.

You sue in small claims court in Iowa, but I’m not sure you have a case. What facts will establish liability on the part of the restaurant? Why would you think a restaurant has an obligation to know what you are allergic to? I’m not sure how you prove this case. Why do you think the restaurant owed you anything? Did the wait staff ignore what you said? Did you tell the waiter you were allergic to seafood? You’ve not described the key set of facts that either does or doesn’t establish liability.

If you have a case why didn’t the attorney stick with it? Something is fishy in this case.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney