Can i sue a restaurant for emotional distress after nearly consuming a bug in my salad?

Are you planning to begin treating with a mental health provider? Did you report the incident to the restaurant? These cases are not as easy as you would think.

Yes . . . you can sue the restaurant . . . but you will most likely have trouble finding a personal injury attorney to take your case short of real evidence that your health care providers (to include mental health care) support the idea tha you "will never be the same." If you indeed have the damages you claim, a personal injury attorney will gladly represent you. Good luck.

Having handled food poisoning/adulteration cases, I can say that notwithstanding the emotions stirred by the event you described, which should not have happened in the first place, any claim brought for "negligent infliction of emotional distress" that does not include a physical injury, if not dismissible outright, will generally fail for lack of evidence of provable emotional trauma vis-a-vis a diagnosed psychological condition. In short, without a professional diagnosis, your claim would not go very far in court. Obviously, to go through a regimen of psychological treatment just for the sake of a lawsuit is not advisable. Be aware that the statute of limitations for the bringing of this type of action is three years. It is assumed that the indicent was reported to the restaurant manager or Maitre D'. Also report this incident to the NYC Dept. of Health, who should likely follow up with an investigation. If your psychological trauma continues and does require treatment then consult with a personal injury attorney.

Finding a bug in your food at a restaurant is highly unpleasant without argument. However, a legal claim for emotional distress is not viable. There's an article posted below that explains why:

When you say you are n emotional distress, what do you mean? Have you been unable to sleep and when you do have nightmares about bugs? Have you been unable to leave your apartment and go to work? Have you been unable to care for your children? Are you paranoid about insects? Have you been losing weight because you are unable to eat, afraid an insect is lurking in your food? Have you started abusing alcohol and drugs because of this incident? Do you have any physical manifestations such as vomiting? Do you now have mood swings that you did not have before? Have you withdrawn from friends and family? Do you have suicidal or homicidal ideations? If some all all of these are your symptoms then you are emotionally traumatized. Go right now and seek emergency psychological medical help from a psychiatrist.

You certainly can sue. What amount you might recover, if you can show negligence, is another issue. Be prepared with medical testimony regarding the treatment for your emotional trauma. Joseph A. Bollhofer, Esq. Joseph A. Bollhofer, P.C. 291 Lake Ave. St. James, NY 11780 (631)584-0100 fax (631)584-2304 [email protected] www.bollhoferlaw.com Member, National Academy of Elder Law Attorneys (NAELA) This e-mail may contain confidential or privileged information. If you are not the intended recipient, please notify the sender immediately by return e-mail and delete this e-mail and all copies and attachments. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. IRS Circular 230 Notice: Unless specifically stated otherwise, any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. Unless specifically stated otherwise, this communication shall not be deemed to be legal or tax advice, and no attorney-client relationship shall be deemed to have been created.