Question

While performing the Heimlich maneuver on a patron whom she thought was choking, an overzealous waitress broke three of his ribs. It turns out the man was merely coughing. He has threatened to file a lawsuit against your restaurant. Discuss the different dispute resolution options and which one you prefer in this case. Note: this scenario will look familiar but you are being asked to analyze a different area of law with it.

Answer 1

At that case, the waitress should be trained to offer the service. In that case, if the waitress was not prepared for those conditions, then why she comes to save him. The restaurant owner should take this incident.

She must analyze his condition because he was not suffering any choking disease. As per the laws, a restaurant must have an employee who is trained to face these conditions of customers. The waitress should call another staff member if this kind of incident occurs per the rules, there is a mistake in the restaurant, and the restaurant should pay for this harm to him.

The restaurant should compensate for medical expenditures, in the medical compensation bills, other expenses, and wages that he lost during the incident.

If he goes for a lawsuit against the restaurant, then it may affect the market reputation of the restaurant or even shut the restaurant for an extended period; cancel the license because of fewer safety features in the restaurant. He may file a lawsuit against the waitress who broke his three ribs without any reason. When he was only coughing and not calling for any helps, then why she come first to help if she was not known how to treat that condition, she should call the physician or experts of the restaurant.