I ordered a diet drink from a Sonic and asked and was assured it WAS diet. After consuming the drink I found out it was not diet. I am a type 1 diabetic and went into DKA (diabetic ketoacidosis) which is a very serious and life threatening state. I do not believe there was any assumption of risk or contributory negligence on my part. Would I have basis for suit?
1 Answer from Attorneys
There are very few things that cannot be the basis for a civil suit. Many are lost based upon a Motion to Dismiss/ or for summary judgment by the defendant(s). Your proposed cade may survive those, but still may not be financially worth bringing. If you win, your measure of damaged would be your medical bills plus pain and suffering. There is no set formula for p&s, but it often is 1 1/2 the bills. So, if your medical bills were $500, your p&s might be $750, assuming you win your case. A likely $1,250 judgment would make it unlikely that an attorney would take the case for a contingent fee. Perhaps your facts are string, and your emergency room and treatment bills are high. You should have your case evaluated directly by a civil practice attorney, in your area.
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