Legal Question in Personal Injury in California
I was eating at a franchise restaurant and bit into a rock. I hurt my tooth. I filed a claim with the franchise but they are telling me that the food they purchase is from an outside vendor. They might have to pass the claim to the outside source vendor to pay. I feel that the franchise should be responsible. What can I do?
4 Answers from Attorneys
They're giving you the run around. This sort of product liability is "strict" and can be asserted against any one of the links in the entire chain of companies that had a part in bringing the product to the end consumer. If the franchise feels like their vendor is to blame, that's fine--THEY can go after the vendor, to be reimbursed what they had to pay you! (That's a process called "subrogation") It has nothing to do with YOU. Stick to your guns and insist on getting paid NOW.
Mr. Stone-Molloy is entirely correct. I used to do defense litigation.
Stone-Molloy is correct EXCEPT in his use of legal terminology. Subrogation is the proper term when a party with no personal liability for a harm has to pay a claim for some other reason, most commonly due to an insurance contract. When they then sue the responsible party, it is an action for subrogation. So if the restaurant's insurance company pays you, and they sue the vendor, THAT is subrogation. If the restaurant pays you directly, and then sues a party that is equally or more liable to you, that is called an action for "indemnity" and/or "contribution."
Who cares about their vendor. That's their problem, not yours. Take your dental bill, the rock, and your witnesses, if any, with you to small claims court, assuming for a moment that your bills are $7,500.00 or less.
Good luck.
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