If my wife had a severe allergic reaction to food at a restaurant, do we have a right to ask for a settlement for medical and time off work pay?

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If my wife had a severe allergic reaction to food at a restaurant, do we have a right to ask for a settlement for medical and time off work pay?

She ordered french toast and is severely allergic to strawberries. The item was a special and not on the regular menu. The description does say strawberries but it is not near the item on the special menu. I feel the menu item should be labeled “Blueberry & Strawberry Brioche French toast”. We had to rush out of the restaurant because my wife was having a aaphylactic allergic reaction. The people we were with paid our bill. We had to pay for the emergency visit and she missed 2 days of work because of this.

Asked on January 23, 2012 under Personal Injury, California

Answers:

Madan Ahluwalia / Ahluwalia Law Professional Corporation

Answered 9 years ago | Contributor

Your wife does not have a viable legal claim against the restaurant.  Your wife knew that she was allergic to strawberies (and strawberries are considered a common allergy), and the description included the strawberry ingredient.  There is no failure to warn in this case. 

 


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