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
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.
Photocredit: Us Against the World/Milian Facebook Fan Page
Fashionentlaw™ is the brainchild of Uduak Oduok (Ms. Uduak), an ex-fashion model and industry veteran turned Fashion and Entertainment lawyer. The law blog discusses hot topics in pop culture arising primarily out of the fashion industry.
As a legal practitioner, Ms. Uduak has over two decades of experience counseling individuals and businesses within and outside the creative community. She has counseled designers, apparel manufacturers, models, photographers, retailers, graphic designers, musicians, public relations specialists, and athletes, among others, on diverse legal issues including business formation, licensing, trademark and copyright matters, contracts, intellectual property and contract disputes. She is also an Adjunct Professor.
To arrange a consultation to discuss your case, contact her today at 916-361-6506 or email (email@example.com).