Can I file a suit after my daughter had a severe allergic reaction to restaurant food which I warned them about? 3 Answers as of September 13, 2016

On August 16, 2016 at approximately 1130 hours, I placed an order at a vegan restaurant. I stated to the waitress that my daughter has very bad food allergies to eggs, dairy, and nuts. The waitress assured me that they are vegan restaurant that they don't use any of those food allergies that I inquired about. I again made sure she understood that my daughter had severe food allergies to items mentioned to her. She guaranteed me 100% that their restaurant did not cook with those ingredients. Feeling confident and assured I ordered a sweet crepe, orange juice, and a chocolate cookie. I asked about the chocolate chips in the cookie if they contained milk. The waitress assured me that it was not milk. That the chocolate chips were made with soy milk. I paid for the food and proceeded to feed my daughter the chocolate chip cookie. Within 15-20 seconds my daughter started to vomit and signs of hives swelling around her mouth and cheek area of her face. I immediately ran to the waitress and told her that my daughter was having an allergic reaction to the chocolate chip cookie. She didn't budge from the counter to offer any assistance and just sat at the counter. I told the manager to bag my food and asked if there were any pharmacy stores nearby so I could get Benadryl for my daughter. The manager said he doesn't know and offered no assistance as I left the restaurant. I ended up calling 911 for medical help. My daughter was given 5 shots 1 Benadryl shot from fire department, 2 epi shots and 2 steroid shots at urgent care. My daughter was transferred to ICU to be kept overnight and treated with additional meds to help her allergic reaction.

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, you should see an experienced injury lawyer.
Answer Applies to: California
Replied: 9/13/2016
Law Offices of George H. Shers | George H. Shers
Yes, based upon what you say, they have liability. You probably do not need a medical malpractice attorney as a tort litigation attorney should be able your case properly.
Answer Applies to: California
Replied: 9/13/2016
Law Offices of Carl L. Brown | Carl L. Brown
Your daughter may have a case of negligence against the restaurant. It is important to keep the food for a lab analysis.
Answer Applies to: California
Replied: 9/13/2016
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