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Can a customer sue a restaurant if an employee has a contagious disease and gives it to the customer?
Anonymous3 views3 answers
The waiter had a big sore on his lip and now my wife has it. The Doctor says it is possibly cellulitus but could be worse. He said yes it is contagious and can be passed by the infected touching something you touch.
A restaurant may have liabilty if you can prove that the infection was contracted from the employee. Of course you have to establish the knowledge of the restaurant regarding the employee's condition and more important that the infection was contracted from the employee. It sounds tough but it all depends on the facts you have.
The problem is going to be proving "causation". It will be very difficult (in my opinion) to show that the condition was caused by the waiter as opposed to any number of other things to which your wife could have been exposed.
I agree with the answers above, but write to add an additional thought. In addition to proving that the waiter's "infection" is the source of your wife's infection, you would have to prove that the eatery knew or should have known of the infection and that it was contagious. In other words, you need to sho that the establishment was negligent in allowing the waiter to continue working, failed to take adequate precautions, etc.
