What to do if I suffered an allergy attack due to restaurant not fully listing all ingredients in a sandwich?

I am extremely allergic to hemp seed. I ate at a restaurant that used hemp seed as the base for pesto in what was advertised as a “basil pesto sandwich,” and ended up in the emergency room. When I first felt the symptoms coming on, I asked the wait-person if there was hemp seed in the sandwich and she informed me about the pesto. Strangely enough, she also mentioned that they used to list it on the menu as hemp seed pesto but just changed the menu the week before to read basil pesto. Do I have a legitimate claim to have them cover my hospital expenses?

Asked on December 9, 2013 under Personal Injury, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Unless you specifically asked the employee at the restaurant IF hemp seed was used in the sandwich that you ordered and ate and the answer was "no" which was not true, under the laws of all states in this country you do not have a legitimate claim for the damages you suffered due to your allergy.

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