If my daughter is a vegan for ethical reasons and was served chicken after expressly stating that she did not want any animal products, can she sue?

She ordered a pizza with vegan “cheese” and clearly asked that no animal products be on it (butter/cheese). When her pizza came and she took a bite, there was chicken on it. This caused her a lot of distress. Does she have a case for a lawsuit?

Asked on July 13, 2015 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, she does not have a valid claim for a lawsuit. The law does not recognize that type of emotional distress, inflicted negligently or carelessly (as opposed to part of a deliberate campaign of emotional cruelty, like stalking or harassment) to be something you can receive monetary compensation for.


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