When a restaurant serves unsafe food to a patron and that person is injured as a result, a personal injury claim may be possible. In asserting a Cape Cod food contamination case, the burden of proof is on the plaintiff, meaning that he or she must present evidence sufficient to convince the jury, by a preponderance of the evidence, that he or she is entitled to money damages due to the incident and injuries at issue.
Damages may include compensation for pain and suffering, medical expenses, lost earnings, and the like. The exact amount to be awarded is in the jury’s discretion but is subject to appellate review.
Facts of the Case
The plaintiff in a recent appeals court case was a woman who was injured when she allegedly bit down on a piece of bone that was in a hamburger purchased from the defendant restaurant. According to the plaintiff, the bone caused one of her upper molars to split, necessitating over two years of dental and medical treatment. This included two root canals, sinus elevation surgery, and a bone graft. The plaintiff’s lawsuit, filed in 2013, asserted claims for breach of the implied warranty of merchantability under Massachusetts General Laws ch. 106, § 2-314 and violations of Massachusetts General Laws ch. 93A. (The plaintiff also asserted a negligence claim and a negligent infliction of emotional distress claim, but these claims were voluntarily dismissed prior to trial.) Continue reading