Maybe I’m just being stupid here, but it seems to me that if the restaraunt had warnings posted but the person just didn’t read them, that it’s on him. Or do we want everything regulated like tobacco; with mandatory warning labels – “use of our product can kill you”? “Warning, eating this cheese burger may kill you.” “Danger, consumption of shellfish may lead to death and unintended sexual side-effects.” “Caution, use of this deodorant may lead to rash and death.”
And don’t forget, the wait-staff will have to warn everyone, because the customer may not have looked at the menu. “Good evening sir and madam. Our special today is braised beef tenderloin with a merlot reduction sauce. Potential side effects include: increased cholesterol, heart attack, stroke, low back back, diarrhea, nausea, upset stomach, headache, sexual side-effects and death. Would you like soup or salad with that?”
Right on. The restaurant owes no duty to customize warnings for every moron who walks in the place. If the deceased had health issues, it was his responsibility to know what foods were dangerous. I wonder how many of the things the guy ate. The good Lord made their shells black and put them on the bottom of the ocean for a reason: nobody was supposed to find them and eat them……..RAW no less.
Here, here, you summed it up perfectly, Lastbat! Nevermind the gentleman passed some two weeks after eating the oysters; isn’t it possible the liver disease killed him?
The po folks in LA have to make money somehow. I doubt this was the first time this guy ate oysters since he didn’t even need a menu. The recently diagnosed liver disease was the only variable to his lifestyle. Sounds like a bogus suit.
If he had bothered to ask me, Don’s is unofficially on the list of places NOT to eat as far as I am concerned. The Metairie location is pure garbage. You can make better dishes at home. Anyway this guy had LIVER disease. I’m not an expert but doesn’t the liver help in a major way with processing foods. Anything eaten raw should have been avoided anyway. Sorry for the loss but some things are just known to the general public and this is one of them.
The problem here is that raw oysters do tend to harbor bad nasties. And if your liver, the primary filtering system of the body, is shot, what chance to you have? And why aren’t they suing his doctor? The doctor should have warned him away from such things. (Not saying he should, just wondering why).
I have been to several southern restaurants that had warning against eating raw seafod. The warnings were on the door, the front of the menu and inside the menu. Some restaurants will not serve raw shellfish, no matter how many warnings they have. Perhaps restaurants that serve raw shellfish/seafood should make customers sign a waiver?
Lastbat, agree. It is the doctor’s fault if he didn’t review the potential hazards for a patient with liver disease. It was the patients fault if he didn’t listen. And it was the restaurants fault if every customer died that night.
The Dr probably did warn him, and that is why he isn’t a defendant in the suit. The plaintiff probably didn’t listen to the Dr’s advice, learned the ultimate lesson and now his family and the attorney are looking for anyone and everyone else to blame. Warning on the menu and in the oyster bar area should be more then adequate, and I would bet the testimony will show that he has been there numerous times before and looked at the menu. Why else would he not need to even look at a menu? Next they will want the insides of each oyster shell stamped with a warning!
This could not have been the first time this man ate oysters! Even I, who does not ever contemplate so doing, know that oysters can be lethal. So now he finally found a bad one and it’s someone else’s fault? Like a bungy jumper getting killed and then his family suing the bungy operator, the manufacturer, the bridge, the local government (for allowing such things)….everyone uses the same shotgun approach, just looking for the money and waiting for someone to want to settle. UGH!
Hullloooo — what food do you expect them to put warnings on…or not serve because someone out there might be allergic, have a compromised immune system, failing liver, kidney or other body part (like their brain for eating things that they should be) Gimmeabreak — Ever heard of allergies to peanuts – strawberries – honey — wheat — gluten? How about under cooked pork, chicken, beef, or better yet… the grilled or charred beef, pork, or chicken that the ACS now says contain heterocyclic amines (you know the crunchy parts on the outside that now cause cancer…) Fish have mercury cows have e Coli, Chickens salmonella, and yes… even the infamous rhubarb can kill you…
The man was 60 — like he never heard anything on the radio, television, or in the newspaper or word of mouth…in his entire lifetime that raw oysters were hazardous to your health???
Doh.. now that’s what I call rural livin’
So you’re suggestion is to stop serving food?
Let’s just get it out there once and for all — Every restaurant, grocery store, taco stand or your company pot-luck should have sign: WARNING – EVERYTHING you eat could be potentially harmful to your health — make a decision — either accept your fate or grow your own.
LA – What a State… File a lawsuit – you have a better chance at winning than the lottery!
Eating raw shellfish is a risk. Even people who don’t like seafood know this. Those who choose to defy conventional wisdom must accept the consequences. With all the other safe choices available, why would anyone eat these raw? Is it a machismo thing? Their texture is sickening, the odor bad, and the taste questionable.
I just came back from Florida in which I was served claims and pasta, and four of the clams did not open which I was served. I told the waiter and he ask me if I wanted him to open them for me. I then told him the reason I made him aware of this was not to open them, but to make him and chief aware not to serve claims which do not open since it could kill customers. He was not aware of this, as well as chief.
It’s a little late flash but clams that do not open are not dangerous and actually have a better chance of not harming a person than the one’s that do open. If its open before cooking then chunk it out.
Sound like a good thing to avoid. I worked in a seafood house that featured a raw bar when I was young, I don’t remember any warning signs but that was a while back.
I think the family should sue the Louisiana school system for not teaching the man how to read! Or maybe he went to USL in Lafayette? (University for Slow Learners)
Because oysters are delicious to many people. Many, many types of food might be “hurtful / harmful” to others but to some it’s jsut great food. Pltf family in this matter are complete money grubbing whores. They are sickening and should be caned in public.
Not sure why a restaurant would sell food they know is a severe potential health risk?
Maybe I’m just being stupid here, but it seems to me that if the restaraunt had warnings posted but the person just didn’t read them, that it’s on him. Or do we want everything regulated like tobacco; with mandatory warning labels – “use of our product can kill you”? “Warning, eating this cheese burger may kill you.” “Danger, consumption of shellfish may lead to death and unintended sexual side-effects.” “Caution, use of this deodorant may lead to rash and death.”
And don’t forget, the wait-staff will have to warn everyone, because the customer may not have looked at the menu. “Good evening sir and madam. Our special today is braised beef tenderloin with a merlot reduction sauce. Potential side effects include: increased cholesterol, heart attack, stroke, low back back, diarrhea, nausea, upset stomach, headache, sexual side-effects and death. Would you like soup or salad with that?”
Give me a break.
Right on. The restaurant owes no duty to customize warnings for every moron who walks in the place. If the deceased had health issues, it was his responsibility to know what foods were dangerous. I wonder how many of the things the guy ate. The good Lord made their shells black and put them on the bottom of the ocean for a reason: nobody was supposed to find them and eat them……..RAW no less.
Here, here, you summed it up perfectly, Lastbat! Nevermind the gentleman passed some two weeks after eating the oysters; isn’t it possible the liver disease killed him?
The po folks in LA have to make money somehow. I doubt this was the first time this guy ate oysters since he didn’t even need a menu. The recently diagnosed liver disease was the only variable to his lifestyle. Sounds like a bogus suit.
If he had bothered to ask me, Don’s is unofficially on the list of places NOT to eat as far as I am concerned. The Metairie location is pure garbage. You can make better dishes at home. Anyway this guy had LIVER disease. I’m not an expert but doesn’t the liver help in a major way with processing foods. Anything eaten raw should have been avoided anyway. Sorry for the loss but some things are just known to the general public and this is one of them.
The problem here is that raw oysters do tend to harbor bad nasties. And if your liver, the primary filtering system of the body, is shot, what chance to you have? And why aren’t they suing his doctor? The doctor should have warned him away from such things. (Not saying he should, just wondering why).
Nobody placed the blame where it belongs… with the ATTORNEY.
I have been to several southern restaurants that had warning against eating raw seafod. The warnings were on the door, the front of the menu and inside the menu. Some restaurants will not serve raw shellfish, no matter how many warnings they have. Perhaps restaurants that serve raw shellfish/seafood should make customers sign a waiver?
Lastbat, agree. It is the doctor’s fault if he didn’t review the potential hazards for a patient with liver disease. It was the patients fault if he didn’t listen. And it was the restaurants fault if every customer died that night.
The Dr probably did warn him, and that is why he isn’t a defendant in the suit. The plaintiff probably didn’t listen to the Dr’s advice, learned the ultimate lesson and now his family and the attorney are looking for anyone and everyone else to blame. Warning on the menu and in the oyster bar area should be more then adequate, and I would bet the testimony will show that he has been there numerous times before and looked at the menu. Why else would he not need to even look at a menu? Next they will want the insides of each oyster shell stamped with a warning!
This could not have been the first time this man ate oysters! Even I, who does not ever contemplate so doing, know that oysters can be lethal. So now he finally found a bad one and it’s someone else’s fault? Like a bungy jumper getting killed and then his family suing the bungy operator, the manufacturer, the bridge, the local government (for allowing such things)….everyone uses the same shotgun approach, just looking for the money and waiting for someone to want to settle. UGH!
Dread, thanks for good summation!
Hullloooo — what food do you expect them to put warnings on…or not serve because someone out there might be allergic, have a compromised immune system, failing liver, kidney or other body part (like their brain for eating things that they should be) Gimmeabreak — Ever heard of allergies to peanuts – strawberries – honey — wheat — gluten? How about under cooked pork, chicken, beef, or better yet… the grilled or charred beef, pork, or chicken that the ACS now says contain heterocyclic amines (you know the crunchy parts on the outside that now cause cancer…) Fish have mercury cows have e Coli, Chickens salmonella, and yes… even the infamous rhubarb can kill you…
The man was 60 — like he never heard anything on the radio, television, or in the newspaper or word of mouth…in his entire lifetime that raw oysters were hazardous to your health???
Doh.. now that’s what I call rural livin’
So you’re suggestion is to stop serving food?
Let’s just get it out there once and for all — Every restaurant, grocery store, taco stand or your company pot-luck should have sign: WARNING – EVERYTHING you eat could be potentially harmful to your health — make a decision — either accept your fate or grow your own.
LA – What a State… File a lawsuit – you have a better chance at winning than the lottery!
Thanks for the excellent response AZAZ, I figured “seafood lover” was just being a troll. Ridiculous lawsuit.
Eating raw shellfish is a risk. Even people who don’t like seafood know this. Those who choose to defy conventional wisdom must accept the consequences. With all the other safe choices available, why would anyone eat these raw? Is it a machismo thing? Their texture is sickening, the odor bad, and the taste questionable.
I just came back from Florida in which I was served claims and pasta, and four of the clams did not open which I was served. I told the waiter and he ask me if I wanted him to open them for me. I then told him the reason I made him aware of this was not to open them, but to make him and chief aware not to serve claims which do not open since it could kill customers. He was not aware of this, as well as chief.
It’s a little late flash but clams that do not open are not dangerous and actually have a better chance of not harming a person than the one’s that do open. If its open before cooking then chunk it out.
Someone fed you claims? Were you at an insurance conference?
Sound like a good thing to avoid. I worked in a seafood house that featured a raw bar when I was young, I don’t remember any warning signs but that was a while back.
I think the family should sue the Louisiana school system for not teaching the man how to read! Or maybe he went to USL in Lafayette? (University for Slow Learners)
Because oysters are delicious to many people. Many, many types of food might be “hurtful / harmful” to others but to some it’s jsut great food. Pltf family in this matter are complete money grubbing whores. They are sickening and should be caned in public.
and what native american indian tribe was the “chief” from? oh wait, it was a CHEF…. ugh people – spellcheck.