What can I do regarding food allergy neglect at a restaurant? 11 Answers as of August 08, 2013My cousin and I went to a restaurant. Before ordering the Thai salad, I asked the lady at the register whether or not it had any pine nuts, cashews or pistachios, because I am allergic. She went in the back to ask someone and came back and said no. So I proceed to order and ingest the Thai salad. 40 minutes later, before leaving the restaurant my stomach felt upset. When I drove home, it became an overwhelming pain. I knew something was wrong so when I got home I called them, and asked to speak with a Manager. I then asked her if the ingredients in the salad had any of those that I mentioned earlier. She came back and stated that the salad did in fact have cashews. She then said there was nothing she could do and that she would tell the General Manager; however; she did not take my number. I had to go to work that day with horrible pain. When I got off work I called again and the shift manager told me the GM would contact me the next day. Well it's about 9:15 PM and no word. My question is what I should do now? I would like a little bit of consideration even a sorry would be nice. Would suing be even worth my time?
Law Offices of George H. Shers | George H. Shers
You have a case but it is not worth very much. Negligence is clear. Send a short e-mail to the GM telling him in detail what happened and how much pain you felt, and there has not even been an apology so you feel that you might file a lawsuit. Ask for a few hundred dollars in compensation; at least $20 per hour to avoid the pain for X number of hours.
Answer Applies to: California
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Thai food uses a lot of peanuts. If you did not specifically mention peanuts, then for sure you have no case. If you did, then you certainly can make a claim, because you definitely put them on notice of your food allergies.
Answer Applies to: Michigan
David F. Stoddard | David F. Stoddard
I do not think suing would be worth your time because it sounds as if you have no permanent injury. They are probably scared that you want to sue reluctant to call for that reason. You keep calling until you get the general manager.
Answer Applies to: South Carolina
Andrew T. Velonis, P.C. | Andrew Velonis
I've had this type of question before, but usually along the lines of "I didn't know..." But you went ahead and asked, and got confirmation, that it did not have the items to which you were allergic, when in fact it did. Even more, it is not the situation where the restaurant manager could say, "Well, we didn't know there was cashew oil in the duck sauce" since he acknowledged that there were cashews in the salad. So: you asked if there were cashews in the salad, they said there were not, when there actually were. That's fraud, deceptive business practice, maybe a breach of implied warranty under the Uniform Commercial Code and negligence. You were not injured much, but you have a legitimate concern. There was a girl who died recently from a bar cookie that had chocolate peanut butter frosting on it. You may find a lawyer who would be willing to write a couple of letters and make a couple of phone calls, not a full-on lawsuit, to see if he/she can get a modest settlement for you.
Answer Applies to: New York
Musilli Brennan Associates PLLC | John F Brennan
It would appear from your rendition of the facts that you did not suffer permanent injury. Therefore your damages are minimal and it is very doubtful they would sport to bring of the litigation. I would certainly continue to have conversations with the restaurant and would hope that they would either refund the cost of your mail or offer you another one which does not contain any of the offending ingredients. If, as a result of your illness you did not work and receive their wages, that is a legitimate claimed damage.
Answer Applies to: Michigan