Looking for Legal Opinions

[jabjab]

He always asked when it comes to salads, desserts and sauces etc when i'm with him but as posted above, who would have thought that people put cashews in BURGERS and leave it out of what the description completly.

I'm not sure what the lawyer suggested he do but if someone would have died in this instance I'm sure it would have been viewed differently.

Do we order a drink and tell the server to make sure it doesn't have any nuts in it?

[rx7_turbo2]

I agree cashews in a burger is obscure. However if your friend can be killed by a cashew as I can from a hazelnut then you ask no matter what. I spent a week in Paris and ate nothing but ham sandwiches for breakfast lunch and dinner that I made myself from prepackaged ham, cheese and bread that had all the ingredients listed in English. It can kill me so I don't fuck around.

As for drinks. I only ever drink water with a meal, occasionally a coke, I've never asked if they contained nuts, but if they did it would be bizarre but I guess ultimately on me if they did and I had a reaction. I never order a Ceasar because people tend to "riff" on the original recipe and as someone with a severe allergy that practice makes me nervous.

[zhao]

Originally posted by jabjab
I'm not sure what the lawyer suggested he do but if someone would have died in this instance I'm sure it would have been viewed differently.

This 'Wont someone think of the children' mentality pisses me off.
What if someone died? 'What if' scenarios suck. omg you sped 1kph over the limit on the qe2, what if the entire blind school decided to jaywalk across the highway at that very second! So... 'what if' he successfully sues that place and it goes under, the owners go bankrupt, and everyone there ends up living on the street and can't afford to send their kid to college so he can develop a cure for cancer? And no shit if someone died it would be viewed differently. You don't charge someone drunk driving with manslaughter if no one died.



Lets call a spade a spade here too. He's not a white knight championing for the little guy. He's not rosa park on a bus being a catalyst for change. He's the lady who spills coffee on herself at McDonalds and sees dollar signs.

If all he cared about was his and other's safety, he wouldn't be looking into suing for any monetary gain. That is the only reason to talk to a lawyer, because there are government channels to go through if you what you care about is protecting the next customer.

[max_boost]

The McDonald's coffee was legit though. lol I watched the documentary on it and the coffee was too hot, 3rd degree burns, medical treatment etc.

Yes agreed on creating awareness. Take it to the news, lobby to have every single ingredient listed for every single item standard across all menus....oh wait, too much effort so just show me money!!!!

[Seth1968]

Originally posted by schurchill39


'MERICA! Yea, sue them for his own negligence so he can get paid. After you guys should go spill hot coffee on yourselves and get another cheque! Cha CHING!

I'll assume you're referring to the senior / MC hot coffee incident.

If my assumption is correct, then you should probably research the issue further. Don't bother if you want to see third degree burns in a seniors genitalia area.

[vengie]

Originally posted by jabjab
He always asked when it comes to salads, desserts and sauces etc when i'm with him but as posted above, who would have thought that people put cashews in BURGERS and leave it out of what the description completly.

I'm not sure what the lawyer suggested he do but if someone would have died in this instance I'm sure it would have been viewed differently.

Do we order a drink and tell the server to make sure it doesn't have any nuts in it?

Once again, if your buddy is that allergic where it triggers an anaphylactic reaction, he should be making it known he has an allergy that severe AND be carrying an epi pen at all times.

There might not be cashews in the burger which is why it wasn't listed, but the burger may have come in contact with the nut.

Something like that is difficult to control in a very busy kitchen.

[rx7_turbo2]

Originally posted by vengie
Once again, if your buddy is that allergic where it triggers an anaphylactic reaction, he should be making it known he has an allergy that severe AND be carrying an epi pen at all times.

This, it's my allergy, it's my responsibility. Since it can kill me I try to leave as little to chance as possible. If for some reason I have a reaction I carry the proper treatment to give me the best chance at making it to the hospital. Not operating this way when you have an allergy this severe is simply idiotic.

[03ozwhip]

Originally posted by rx7_turbo2
I agree cashews in a burger is obscure. However if your friend can be killed by a cashew as I can from a hazelnut then you ask no matter what. I spent a week in Paris and ate nothing but ham sandwiches for breakfast lunch and dinner that I made myself from prepackaged ham, cheese and bread that had all the ingredients listed in English. It can kill me so I don't fuck around.

As for drinks. I only ever drink water with a meal, occasionally a coke, I've never asked if they contained nuts, but if they did it would be bizarre but I guess ultimately on me if they did and I had a reaction. I never order a Ceasar because people tend to "riff" on the original recipe and as someone with a severe allergy that practice makes me nervous.

Man, you're missing out. Nutella? Daaaang!! Anyways, it is the companies responsibility to let people know that there are nuts in foods or that it may have come into contact with nuts, but if it were me, I would have still said something prior to it happening,
Hell, I tell them I'm allergic to shit that I'm not just so it doesn't come into contact with my food because i dont like it.

This is the land of the entitled and everyone is entitled to sue the shit out if everyone else for everything, whether you fuckers think it's douchey or not.
.

[rage2]

You'd have to be pretty negligent even in 'Murcia to get in shit.

http://nypost.com/2016/05/23/restaur...-tikka-masala/

[rx7_turbo2]

Originally posted by 03ozwhip
Man, you're missing out. Nutella? Daaaang!!

Sadly since the allergy only became severe later in life I do know what I'm missing

[jdmakkord]

I've survived 37 years with a severe nut allergy. It's pretty damn easy to avoid allergens, but I never trust menus or a servers word. It's up to me to confirm what I am eating is safe. The menu likely says "let your server know of any dietary requirements/allergies". That one liner will get them off the hook.

[gwill]

There was an article a month or two ago from a restaraunt owner who killed someone from a peanut allergy. This is 100% a legitimate concern from both a businesses perspective as well as those eating there.

Why wouldn't you post ingredients that could potentially kill many? I see lots of fault on the business owner in this case. The op's friend should sue and should expect something for his troubles.

[rage2]

I posted that article a few posts up. The guy that died asked for nut free, the take out box was labeled nut free, and the owner lied about nut free to cut costs. Completely different than someone with a nut allegy not checking and assuming things are nut free, which is retarded.

[colinxx235]

Yah when I worked at joeys I found it important that my table noted a severe nut allergy

Because depending on what they ordered and the chef. That chef would be handling cashews or peanuts on his station. If a severe allergy is noted, he changes his gloves and clears his station for that specific dish to ensure not instances happen. If I was deathly allergic to something I would not make an assumption on ingredients of food.

[gwill]

I can see both sides of this.. Yes the person allergic to something can ask.. But as a business owner you would think you'd list a very important ingredient on the menu. Are we supposed to ask about hidden secret ingredients that are a staple ingredient in the dish? This is ridiculous.

There are lots of foods people dislike that they wouldn't order if it's on a dish. Why would a restaraunt hide some main ingredients knowing this? I ran into this at a restaraunt that did this with cilantro. We sent a bunch of food back as they tried to say no.

One of my friends hates mushrooms. She'd send any dish back that had that added as a secret ingredient... This restaraunt sounds retarded..

[vengie]

Originally posted by gwill
I can see both sides of this.. Yes the person allergic to something can ask.. But as a business owner you would think you'd list a very important ingredient on the menu. Are we supposed to ask about hidden secret ingredients that are a staple ingredient in the dish? This is ridiculous.

There are lots of foods people dislike that they wouldn't order if it's on a dish. Why would a restaraunt hide some main ingredients knowing this? I ran into this at a restaraunt that did this with cilantro. We sent a bunch of food back as they tried to say no.

One of my friends hates mushrooms. She'd send any dish back that had that added as a secret ingredient... This restaraunt sounds retarded..

We aren't talking about a main ingredient. The likely cause of the reaction is his burger coming in contact with a prep station that was exposed to cashews.

Have any of you blaming the restaurant heard of a simple word called "accountability" or is it completely foreign to modern society?

You can point fingers all you want, but it's not up to to world to keep Mr. Peanut allergy alive. That is on him through due diligence to ensure he doesn't come in contact with the bringer of death. That involves articulating to the server that he indeed has a SEVERE allergy that needs to be taken into account. Also he needs to carry a god damn epi pen.

[jabjab]

Originally posted by vengie


We aren't talking about a main ingredient. The likely cause of the reaction is his burger coming in contact with a prep station that was exposed to cashews.

Have any of you blaming the restaurant heard of a simple word called "accountability" or is it completely foreign to modern society?

You can point fingers all you want, but it's not up to to world to keep Mr. Peanut allergy alive. That is on him through due diligence to ensure he doesn't come in contact with the bringer of death. That involves articulating to the server that he indeed has a SEVERE allergy that needs to be taken into account. Also he needs to carry a god damn epi pen.

Just for clarification, the burger itself has cashews in it and it wasn't just coming in contact. When he called the manager and told him he said it was wrong not to list cashews as a product put in their burgers.

[FraserB]

If his allergy is so serious that tingling lips sends him to the ER, presumably after using his Epipen, he should have told the server that he has an allergy. Anyone with a shred of common sense knows that all ingredients have the potential to come in contact with each other in a kitchen.

We're going to wind up with 20 page menus since it is apparent people are too clueless to take care of themselves and need to be hand held in every aspect of their lives.

[JRSC00LUDE]

The answer is clear.

Ban nuts.

[jabjab]

Directly eating nuts is what causing the allergy. It's not as sensitive if someone comes in contact but I see your point.