Should I sue a local pizza joint for not labeling pizza that contained nuts that caused me harm? 6 Answers as of March 21, 2013

I went to a local pizza restaurant that I have been too many times and ate off the buffet. They were no sing indicating which pizza was what, you just looked at the toppings to figure it out. After my first few slices, my lips and mouth started tingling and swelling. I am allergic to nuts, but I have been here before and never had any problems. I ask the kitchen if there was a pizza with pesto on it with pine nuts. They informed me no pine nuts, but walnuts were present, even a bigger problem! I ran to the store to get Benedryl then to the ambulance station. Over the next hour or two my chest was tightening, I was having trouble breathing and I went into an anaphylactic shock causing me to have to use my epi-pen, something I have never had to do. What should I do? Is it worth suing over?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
I don't think so. If you tell a waitress that you cannot have a certain food and they give it to you anyhow, you have a claim. If you don't tell them, they can't read your mind. I do not think that there are laws requiring labeling as to the contents of food in restaurants. Perhaps in food stuffs that go across State lines.
Answer Applies to: Michigan
Replied: 3/21/2013
David F. Stoddard
David F. Stoddard | David F. Stoddard
I'm not sue they would be liable. I know of no duty for them to disclose the ingredients in their food.
Answer Applies to: South Carolina
Replied: 3/20/2013
Law Offices of Mark West
Law Offices of Mark West | Mark West
While there might be some liability for not warning about nuts, it is probably not a case worth pursuing if you are looking for a big settlement. You were lucky to have taken the action you did. Lawsuits are expensive and by the time you finished it, you would probably end up with very little in compensation after all the litigation costs and fees were paid. You should tell the manager of the restaurant about what happened and suggest the put up signs or warnings if nuts are in food and ask for a free night's buffet.
Answer Applies to: California
Replied: 3/19/2013
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
No. everyone is allergic to many things Your body reaches a saturation point and it reacts. Yours did. How, pray tell could every restaurant in America tell every customer in America every product in every item they sell, and how do they deal with the products they buy? How do we know what they contain at the source? Get the picture? Suing people is about proving negligence.
Answer Applies to: North Carolina
Replied: 3/19/2013
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
Unfortunately, this kind of allergy is difficult to anticipate. Since you know better than the restaurant what you are allergic to, it is up to you to make that inquiry.
Answer Applies to: New York
Replied: 3/19/2013
    S. Joseph Schramm | Joseph Schramm
    The restaurant violated no labeling law and did not know that you had an allergy to nuts. Therefore, there is no real cause of action against it.
    Answer Applies to: Pennsylvania
    Replied: 3/19/2013
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