At a Burger Restaurant, the cashier intentionally put my burger in a Microwave and set it high, and when I bit it, it burned my mouth. I could tell by the mischievous look in HER eyes that SHE did it on purpose, and was anti-gender related because I'm a GUY....My question is, can I sue the Restaurant and/or their employee individually, in Superior Court for 1.) Unfair Business Practices, 2.) Unruh Civil Rights Act violation (s), 3) Sex Discrimination 4.) Personal Injury, 5.) Intentional Infliction of Emotional Distress, if I'm seeking over 25K for total damages ( Punitive Damages, Emotional Damages, all totaling over 25K), or does it have to go to small claims on a petty claim(s).... Do I need a Doctor's Note/Medical Record regarding my burn/Injury?
Answer
Anyone can sue. Will you win? Someone sold you hot food and you did not know it was hot? You could not tell it was hot when you unwrapped or it was on the plate? You could not tell it was hot when you picked it up? Do you need a doctor's note? You will need more than that, you will need full medical records and expert testimony. Doctors note would be hearsay I seriously doubt you had damages that come close to the amounts you are talking about. Others may have a differing opinion but to me this is a non starter...
Answer
Anybody can sue anybody for anything. Winning is an entirely different question.
After you retain and pay a qualified medical expert to provide testimony proving your damages and injury claim, and a 'food safety' expert to prove negligee and liability and overcome the 'assumption of the risk' and comparative negligence' defenses that will be raised against you, then you can decide whether you have grounds to sue and reasonable expectation of winning. If you get such expert opinions supporting your claim, there are many attorneys that would be willing to take your case, me included. If no one will take the case, it is likely because they conclude it is not worth the time they would have to invest.
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