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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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