Can I Sue A Restaurant That Has Served Me Food That I Am Allergic To?
Oct.07, 2009 in
chalet
I ordered the chicken club wrap from swiss chalet and asked them not to put cheese in it and they ended up putting cheese in it and I ended up ingesting it. Im extremely angry about this, what can be done for what they put me through? I am very allergic to milk products.
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October 7th, 2009 at 4:48 pm
Well, were you hauled off by an ambulance to the emergency room because of the bite of cheese? If so, then you have a case. You say you are extremely angry about it… but that’s not enough to sue. If you were also extemely sick because of it, then you can probably seek damages in a law suit (cost of the hosptial or other medical treatment, loss of wages if you missed work… that kind of thing). Weigh the cost of the attorney over your losses and then decide if it’s worth it.
October 7th, 2009 at 4:53 pm
Yes you can sue. What are your damages though? Did you go into antiphilatic shock? Did you have to go to the hospital?
If you sue in small claims court, you will need to prove both liability, and the damages that you suffered.
October 7th, 2009 at 4:53 pm
I dnt think you can did you check to see what was in it before you ordered it, i dnt really think you are able to sue them if you were aware of everything in the meal before eating it
October 7th, 2009 at 5:25 pm
Did you actually tell the waitress you have a cheese allergy? If not you are as much to blame. Restaurants take allergies very seriously so you should always use the word allergy.
October 7th, 2009 at 5:56 pm
Well unless you died i have no idea who in there right mind would represent you in court, i mean you are the one who ordered it, court wont solve anything
October 7th, 2009 at 5:59 pm
you could have checked when you got it to make sure the cheese wasn’t on there. since you ate it without checking, they’re not liable.
October 7th, 2009 at 6:31 pm
more thanlikely no, youhve to be responsible urself. employees dnt sign contracts 2 keep u alive
October 7th, 2009 at 7:16 pm
I think you will be fine! Next time, please state the urgency that your food not come in contact with milk products, and then check it before you eat it.. They are humans..they make mistakes..
October 7th, 2009 at 8:00 pm
i dont think so