What to do if a restaurant served me a food that I told them I was allergic to?

UPDATED: Sep 16, 2012

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What to do if a restaurant served me a food that I told them I was allergic to?

I went to a restaurant last night and ordered desert with my husband. I ordered a chocolate cake with ice cream and asked the waiter to verify that it did not have nuts in it. After almost completing my desert, I started to itch a bit. I started looking through my food and realized that I had walnuts in my food. I advised the waiter. He apologized and looked a bit like OK what do you want me to do. My husband quickly paid our bill and I rushed out to get to the ER because my throat felt like it was closing. I made it to the ER and was treated with an epi pen, benadryl and a steriod. I was then sent home with a prescption for all for a week. Can I sue the restaruant?

Asked on September 16, 2012 under Personal Injury, Wisconsin


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the laws of all states in this country you can file an action against the restaurant for serving you food that you ate that you specifically asked before ordering the item if there were nuts in it which you are allergic to where the server said there were none in it.

The issue will be one of proving that the server denied that there were nuts in the desert. Your damages would be your medical costs and pain and suffering. I suggest that you consult with a personal injury lawyer on the subject.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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