We’ve all heard the story before. Someone gets injured after eating or drinking something at a restaurant and sues the offending restaurant.

This particular example, however, is uniquely bizarre.

A woman is suing Eataly, an upscale supermarket that sells Italian delicacies, in Boston after slipping on a piece of prosciutto and fracturing her ankle. 

On October 7th 2022, Alice Cohen was shopping at the Boston store, heading to an area where food samples are distributed to customers, when she slipped on a piece of prosciutto and fell, according to a lawsuit filed on August 11th 2023 in the Suffolk Superior Court in Massachusetts.

As stated in the lawsuit transcript, Eataly, “had a duty to ensure that the surface of the floors were free from unnecessary dangers”, which the supermarket failed to “adequately prevent and/or remove hazards from the premises and by failing to warn” Cohen about the “dangerous condition”.

“Alice Cohen sustained bodily injuries, a loss of enjoyment of life, pain and suffering, and incurred necessary medical expenses for medical care and attention,” the lawsuit states.

According to court papers, the New Hampshire woman’s medical expenses, including a hospital visit and physical therapy, have cost her more than US$7,500 in bills.

Alice Cohen and her husband, Ronald, are seeking a jury trial and at least US$50,000 in damages. This amount is being asked to compensate them for Cohen’s injuries, including both emotional and physical pain, as well as Ronald’s “loss of consortium” for his wife, in addition to interest costs. 

Quite a ‘meaty’ damages claim indeed.