Product Liability Law
Doc Who Ate Artichoke, Leaves & All, Sues Restaurant, Alleging Lack of Proper Warning
By Martha Neil
Nov 18, 2010, 11:10 pm CST
Arturo Carvajal is a physician. But he apparently didn’t know how to eat an artichoke.
After allegedly consuming the entire vegetable served to him at a South Florida restaurant, including all the tough, sharp leaves, he suffered severe consequences requiring hospital care, he says. And now he is suing the owner of Houston’s and the restaurant’s manager seeking damages, contending that they had a duty to warn him about the danger posed by the vegetable and explain to him, in advance, how it should be eaten, reports the Riptide blog of Miami New Times.
As his lawsuit puts it, Houston’s and its owner, Hillside Restaurant Group Inc., “had a duty to use reasonable care with respect to the serving and explanation of items not described on the menu, which by their appearance as served appeared wholly consumable.”
“What’s next?” attorney Glenn Viers, who serves as general counsel for the restaurant chain, tells Business Insurance. “Are we going to have to post warnings on our menu they shouldn’t eat the bones in our barbeque ribs?”
Attorney Marc Ginsberg is representing Carvajal in the Miami-Dade County suit.