Ewwwww! Christina Milian Finds Already Chewed HUGE Gum in Salad at Restaurant. Gross! SUES!

In Legal News by FASHIONENTLAW™

No Gravatar

How gross. Have you all ever been at a restaurant, you settle to enjoy your meal and what happens? You can see what is definitely your waiter or someone’s hair in your food. How grossed out were you? Now imagine chatting away with a friend, your mouth watering steak salad appears, you dig in and begin eating and before you know it, you are chewing something that feels funny. You spit it out and lo and behold it is someone’s already chewed gum that was embedded in your salad. You would probably make a dash to the restroom and induce all the puking/vomiting you possibly could. After that, you would be so angry at the restaurant and freak out on what kind of disease you might have caught.

The above facts are parallel to what happened to Christina Milian. You all get to read the reported facts which the restaurant now denies. But first, if you went to a lawyer what are the possible causes of actions the lawyer would consider suing?

Area of Law

Tort Law

Claims

Negligence

Under a negligence claim, the argument would be as follows:

1) The restaurant had a duty of care to make sure there was no gum, and worse a chewed gum in your salad. In legal speak, Defendant had a duty of  care to conform to a specific standard of conduct to protect forseeable Plaintiffs like Christina Milian (restaurant customers who show up to eat).

2) Defendant (restaurant) breached that duty

3)Defendant’s breach was the “actual and proximate” cause of Plaintiff’s injury – Here is where the issue at litigation will be. What was the injury Milian suffered?

4) Plaintiff suffered damages. ( This element is also going to be tough. What damages has she suffered?)

Rockstar lawyers would look at this, assess and then say, this is not our strongest claim so Christina, “It’s us Against the World” so let’s hit them with Negligent Infliction of Emotional Distress and throw in a Negligent Supervision claim for good measure.

That’s it for now. The story below:

“Christina Milian got a little something extra at an L.A. restaurant last week … after she took a bite of her Kobe beef salad … and allegedly got a mouthful of ABC gum.

Sources close to Christina tell TMZ … she was out to dinner at Mexicali restaurant in Studio City … and halfway through her salad, she felt a weird, chewy substance in her mouth.

Christina spit it out, and looked in horror as she eyed a giant wad of chewed gum. She then made a beeline for the bathroom and threw up.

We’re told the restaurant comped her meal. But Christina is still freaked out about what happened, and filed a complaint with the L.A. Department of Health.

TMZ spoke with a rep for the Dept., who confirmed a complaint was indeed filed.

Christina tells TMZ, she’s lookin’ for a lawyer, but says, “The most important thing to me is to make sure my health is okay. Ever since the incident I have not eaten out. . .”

TMZ has the full story.

Cheers,
Uduak

Photocredit: Us Against the World/Milian Facebook Fan Page

WHAT IS Fashionentlaw™: It is a law blog discussing hot topics in pop culture that arise primarily out of the fashion industry and intersects/ collides with the law.

WHAT I DO: My name is Uduak Oduok and I am a California licensed attorney who helps creatives and business owners sleep better at night by protecting their creativity and reputation, securing their rights, and helping them with the monetization of their intellectual assets.

WHO I WORK WITH: I have counseled a range of clients from musicians, models, actors, actresses, and designers, to diverse business owners in numerous areas of the law including contracts, business law, fashion and entertainment law, copyright, trademark, and intellectual property law. I bring over two decades of first-hand knowledge and experiences that are as diverse as they are deep in the fashion and entertainment industries (modeling, retail, production, public relations, journalism, and publishing). I am an attorney who “gets it” when it comes to resolving legal issues for the fashion and entertainment industries.

INTERESTED IN TALKING TO ME ABOUT LEGAL REPRESENTATION? To arrange a consultation to discuss your case, contact me today at 916-361-6506 or email me directly at (uduak@ebitulawgrp.com).

Full bio: Ms. Uduak Bio/
Twitter @uduaklaw

Advertisement

Related Post