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Picture of HayesGreener
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Florida health departments inspect restaurants on a regular basis and write reports, which are public record. One of the writeups I often see is that the food was not hot enough or the fridge was not cold enough, both an invitation to food poisoning. Again those inspection reports are public record, if you can find repeated discrepancies in the inspection records you might have something.


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Posts: 4358 | Location: Florida Panhandle | Registered: September 27, 2009Reply With QuoteReport This Post
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Did the hospital document it as food poisoning? If so did they ask where you have eaten and did they report it to the health department?
If the hospital sees a large number of people showing up in the ER I would think they would have to report it to the health department so they could start an investigation.




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Posts: 2572 | Location: Central Florida, south of the mouse | Registered: March 08, 2010Reply With QuoteReport This Post
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Picture of dry-fly
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As I mentioned we’ve been here all week, haven’t left the property. We ate at a place called the Boat House in an area called Disney Springs. The suspect meal came from there and was this “fancy” Mac n cheese with shrimp.


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Posts: 6998 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
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I suppose you could post a review on their website. You are not making it up.
 
Posts: 17238 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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quote:
Originally posted by dry-fly:
As I mentioned we’ve been here all week, haven’t left the property. We ate at a place called the Boat House in an area called Disney Springs. The suspect meal came from there and was this “fancy” Mac n cheese with shrimp.


Bad shrimp…or a newly-developed shrimp allergy!
 
Posts: 2935 | Location: (Occupied) Northern Minnesota | Registered: June 24, 2003Reply With QuoteReport This Post
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As I recall, onset of symptoms from food poisoning is roughly 6-8 hours. It is fairly easy to narrow down what it might've been.


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Posts: 20108 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
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quote:
Originally posted by Krazeehorse:
Proving you got it there would be problematic I would think. If they got multiple complaints they might throw you a bone quickly and quietly.


This is the problem. Proving where you got it. Be objective, how can you prove it was them?




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Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
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The timing coincides with that meal. I mean, we have records from every meal here and have not left the park since the 18th when we got here. That and a doctors diagnosis. I’m just trying to cya here.


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Posts: 6998 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
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You, as plaintiff, will have the burden to prove:

A) Causation. That it was in fact the food from that particular restaurant that made you ill, and:

B) Negligence. That the food made you ill due to some negligence on the part of the defendant.

Winning a case usually means getting bacteria cultures from your stool, and then comparing the bacteria strain from bacteria found in other food from the restaurant, from prep surfaces at the restaurant, or from other people who have fallen ill from eating at that restaurant.

As a defendant, I would point out that you could have just as easily gotten ill from not washing your hands thoroughly before eating. Just because food born pathogens appear in YOUR food doesn't mean the defendant caused it to get there.
 
Posts: 13048 | Location: Orange County, California | Registered: May 19, 2002Reply With QuoteReport This Post
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My sons wedding reception, over half the guests got sick including me.
It ruined their honeymoon to Mexico. She was very sick, her mother was
hospitalized. The health department was involved. This was 15 years ago
I don't remember the details but he did get a settlement.
 
Posts: 955 | Location: Mason, Ohio | Registered: September 16, 2015Reply With QuoteReport This Post
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A family friend and about 50% of the people that attended a memorial dinner for his MIL got sick recently.

As I understand it, the establishment took no responsibility and as a result, calls were made to the County Health Department and the charges were disputed with his CC company.

Not sure how it shook out in the end.
 
Posts: 922 | Location: Midwest | Registered: April 13, 2013Reply With QuoteReport This Post
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Well we’re home thank God. I’ve never been so glad to be back. I wasn’t back to 100% till this morning. I’ve filed a complaint with Florida’s dept of health and had a couple of precursory chats with legal types. I have the information to reach Disney claims and will give them one opportunity to make things “somewhat” right. If not I guess I’ll be moving forward.


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Posts: 6998 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
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quote:
Originally posted by dry-fly:
Well we’re home thank God. I’ve never been so glad to be back. I wasn’t back to 100% till this morning. I’ve filed a complaint with Florida’s dept of health and had a couple of precursory chats with legal types. I have the information to reach Disney claims and will give them one opportunity to make things “somewhat” right. If not I guess I’ll be moving forward.


Let us know how this plays out. I am professionally curious.




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Posts: 53122 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Get my pies
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Restaurant mac & cheese is usually made to-order with a cheese sauce and pasta, the baked kind in a pan just looks like crap reheated. The cheese sauce may not have been cooled down to below 40 degrees and held there or was held between 40 and 140 which is the breeding ground for foodborne illness. Could also have been tainted shrimp, I really hope that Disney wasn't using some third world raised-in-a-sewage-pond Asian shrimp instead of locally sourced shrimp.


 
Posts: 33815 | Location: Pennsylvania | Registered: November 12, 2007Reply With QuoteReport This Post
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I started making more calls, etc. today. Disney says that this area is “off the park” and not affiliated with them. Now that I think about it this makes sense…even though “Disney” is in the name. The area is apparently owned by Disney but the stores and restaurants lease space. It’s technically not in the park even though we took Disney transportation to get there. Confused

Anyway, it appears I’m dealing with a single establishment, not the park. This does not change my path much other than now I know where to direct my time. I spoke with the restaurant manager and he was very sympathetic, didn’t try to play it off and was forwarding my info to their claims/insurance people. He immediately refunded our meal. I said “Sir, to be sure..I’m not after a free meal here”. He understood quite well. We’ll see how things progress.


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Posts: 6998 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
Just because you can,
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quote:
Originally posted by dry-fly:
I started making more calls, etc. today. Disney says that this area is “off the park” and not affiliated with them. Now that I think about it this makes sense…even though “Disney” is in the name. The area is apparently owned by Disney but the stores and restaurants lease space. It’s technically not in the park even though we took Disney transportation to get there. Confused

Anyway, it appears I’m dealing with a single establishment, not the park. This does not change my path much other than now I know where to direct my time. I spoke with the restaurant manager and he was very sympathetic, didn’t try to play it off and was forwarding my info to their claims/insurance people. He immediately refunded our meal. I said “Sir, to be sure..I’m not after a free meal here”. He understood quite well. We’ll see how things progress.


The lawyers here can chime in but I wouldn't take any sort of refund or anything else at this point.


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Posts: 9516 | Location: NE GA | Registered: August 22, 2002Reply With QuoteReport This Post
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I dont think the offer to refund a meal negates any future rights. It sounds like a nice gesture. See what his insurance company has to say.
 
Posts: 17238 | Location: Stuck at home | Registered: January 02, 2015Reply With QuoteReport This Post
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quote:
Originally posted by ZSMICHAEL:
I dont think the offer to refund a meal negates any future rights. It sounds like a nice gesture. See what his insurance company has to say.


Exactly my thoughts, I’m not signing or agreeing to anything.


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Posts: 6998 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
Get my pies
outta the oven!

Picture of PASig
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I’d speak to the FL Department of Health or whoever oversees health inspections at that particular location and suggest they do a surprise, no-notice inspection.

If anything maybe the kitchen has serious issues and you’re saving other people from the same fate.


 
Posts: 33815 | Location: Pennsylvania | Registered: November 12, 2007Reply With QuoteReport This Post
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quote:
Originally posted by PASig:
I’d speak to the FL Department of Health or whoever oversees health inspections at that particular location and suggest they do a surprise, no-notice inspection.

If anything maybe the kitchen has serious issues and you’re saving other people from the same fate.


I filed a case with them already.


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Posts: 6998 | Location: TEXAS | Registered: July 18, 2005Reply With QuoteReport This Post
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