Claim Against Harrah's?


So last month in Reno my friend Pablo & I ate at Harrah's Steak & Seafood Buffet on a Friday night. I got sick about 45 minutes after eating and was up most of that night with diarrhea & vomiting. I think it was from a pasta with shrimp dish, as Pablo didn't eat that and he didn't get sick.

We went back to Harrah's the following evening to report it. We were taken to the Security Office where they completed a form. They asked if I'd been drinking (I hadn't), what I'd eaten earlier in the day, etc.
Two days ago I received a letter from Harrah's insurance company reminding me that we were coming to the end of the 30-day period for the active file re my entering a claim, and stating that in Nevada the Stature of Limitations for this sort of thing is 2 years.

I'm normally not the litigious type, but they did not as much as apologize for the inconvenience. My monetary loss was minor - just the purchase of anti-diarrheal medication & chicken broth.

I'd be interested in hearing from people who've had a similar experience. If I do file a claim, what would be a reasonable amount to ask for?

----------------

Jack in San Francisco

Are you kidding?

Why should they apologize? You don't even know if it was the food that made you sick.

I'm sure if you decide to sue them you will have lawyers lining up to take your case on a contingency basis. lol
Good luck.
Very tough to prove - some food poisonings take 3 - 4 days to show symptoms.
More rarely - some show within a couple of hours.
If you proceed I suggest you get swabs/samples to determine which specific bacteria caused the sickness - Salmonella, Clostridium Botulinum, Clostridium Welchi, Listeria - there are lots!
Health department hopefully received reports of others affected with same bacteria around same time to substantiate your claim.
Otherwise you have a long road ahead.

Hope this helps
I don't think you have much of a case.

Quote

Originally posted by: jack69
So last month in Reno my friend Pablo & I ate at Harrah's Steak & Seafood Buffet on a Friday night. I got sick about 45 minutes after eating and was up most of that night with diarrhea & vomiting. I think it was from a pasta with shrimp dish, as Pablo didn't eat that and he didn't get sick.

We went back to Harrah's the following evening to report it. We were taken to the Security Office where they completed a form. They asked if I'd been drinking (I hadn't), what I'd eaten earlier in the day, etc.
Two days ago I received a letter from Harrah's insurance company reminding me that we were coming to the end of the 30-day period for the active file re my entering a claim, and stating that in Nevada the Stature of Limitations for this sort of thing is 2 years.

I'm normally not the litigious type, but they did not as much as apologize for the inconvenience. My monetary loss was minor - just the purchase of anti-diarrheal medication & chicken broth.

I'd be interested in hearing from people who've had a similar experience. If I do file a claim, what would be a reasonable amount to ask for?

----------------

Jack in San Francisco



Must have been the food. You couldn't possibly catch anything from just being around 1000's of people.
You could catch an airborne illness from anywhere. You could have picked up a bug from somewhere else and it hit you that night. Can you prove 100% beyond any reasonable doubt that the pasta with shrimp dish made you ill?
Quote

Originally posted by: jack69 Pablo didn't eat that and he didn't get sick.
Yeah, you'd be better off, as far as a claim goes, if you had both eaten it and gotten sick.

Food poisoning is a problem, and the way we are trying to solve it is through regulation (inspections) rather than litigation. It does seem unfair that the "victims" aren't compensated, and instead must actually pay for the regulation when they pay their restaurant bills. But you need to be objective about it, and realize that this almost certainly wasn't an intentional wrong.

Why not simply call them, and ask to be compensated?

Quote

Originally posted by: mrmarcus12LVA
Quote

Originally posted by: jack69 Pablo didn't eat that and he didn't get sick.
Yeah, you'd be better off, as far as a claim goes, if you had both eaten it and gotten sick.

Food poisoning is a problem, and the way we are trying to solve it is through regulation (inspections) rather than litigation. It does seem unfair that the "victims" aren't compensated, and instead must actually pay for the regulation when they pay their restaurant bills. But you need to be objective about it, and realize that this almost certainly wasn't an intentional wrong.

Why not simply call them, and ask to be compensated?


Maybe Harrah's will give you a free buffet.
Quote

Originally posted by: jack69
We went back to Harrah's the following evening to report it. We were taken to the Security Office where they completed a form. They asked if I'd been drinking (I hadn't), what I'd eaten earlier in the day, etc.
Two days ago I received a letter from Harrah's insurance company reminding me that we were coming to the end of the 30-day period for the active file re my entering a claim, and stating that in Nevada the Stature of Limitations for this sort of thing is 2 years.

I'm normally not the litigious type, but they did not as much as apologize for the inconvenience. My monetary loss was minor - just the purchase of anti-diarrheal medication & chicken broth.

I'd be interested in hearing from people who've had a similar experience. If I do file a claim, what would be a reasonable amount to ask for?

----------------

Jack in San Francisco


You reported the problem, they took your report, you got a letter from their insurance company advising you of your rights. What's the problem?

I am truly sorry that you got sick...that was a miserable night, no doubt.

File the claim for what you paid for the buffet and for the medicine. At least it gets it on the record.
If you have no medical report stating you had food poisoning you have no claim! You did not see a Doctor so who will testify on your behalf. You with no proof you were sick.
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