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Thread: Looking for Legal Opinions

  1. #1
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    Default Looking for Legal Opinions

    A friend of mine went into a local Calgary restaurant over lunch hour and ordered the lamb burger. It only listed that lettuce, cheese etc was on it (regular burger stuff).

    He took a bite and lips starting to tingle and he only gets this with his peanut allergy. He asked the waitress if there is any peanuts on the burger and she told him there shouldn't be but she will go ask the chef. Chef comes back and says they put cashews in the burgers and he asked why its not listed as having it.

    He ended up having to go to the hospital and get treated to prevent an anaphylactic shock.

    Is there any legal recourse to this? Someone who had an instant anaphylactic attack could have died in this situation. He called the restaurant after he was realised from the hospital and spoke to a manager and he was very sorry and even aware that they put cashews in their burgers but dont list it as being in there. He told him to come see him next week to have a discussion.

    Thoughts?
    Last edited by jabjab; 06-11-2016 at 08:41 PM.

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    My thoughts are if you have an condition that could kill you you should be proactive when ordering food. Some dishes have dozens of ingredients and they all can't be listed.

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    Do you know how many people actually die per year in the United States from food allergies?

    About 10.

    there aren't very many hospitalizations, even.

    Tell your buddy to quit being a special snowflake and dial back the drama queen.

    "legal opinions" for cashews. Nonsense.

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    Legal recourse?! Da fuq dude. If you are deathly allergic to something, you tell the staff!
    Originally posted by rage2
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    Agree with the posts about notifiying the staff but at the same time why would they omit an ingrediant that lots of people are allergic too?

    He's definetly learned his lesson and now telling every server regardless if he just orders fries.

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    every time we take our kid to a restaurant, we declare she has a peanut allergy right away, even before ordering, even if we have been there 50 times before.

    Cashews are not even in the same family as peanuts as peanuts are actually a legume rather than a nut, so your friend may have an unknown nut allergy as well.

    as for the restaurant not declaring cashews in there, well, they also don't declare all the ingredients in the bun, or all the seasonings in the patty, etc...no restaurant does this, and this is why the onus is on your friend to ask and declare the allergy before ordering so that the chef can check all the ingredients.

    I don't believe your friend has any recourse here, just my $0.02. But you may get a free meal out of it as a nice gesture.
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    Legal recourse? Where was he eating, Americatown?
    Originally posted by SJW
    Once again another useless post by JRSCOOLDUDE.
    Originally posted by snowcat
    Don't let the e-thugs and faggots get to you when they quote your posts and write stupid shit.
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    Originally posted by jabjab
    Agree with the posts about notifiying the staff but at the same time why would they omit an ingrediant that lots of people are allergic too?

    He's definetly learned his lesson and now telling every server regardless if he just orders fries.
    Peanut/Nut allergy is legit but you still gotta tell people man.

    MSG allergy, I just giggle. The copious amounts of soy sauce and salt people dump on their food but yet are worried about a dash of MSG.
    Originally posted by rage2
    Shit, there's only 49 users here, I doubt we'll even break 100
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    I have a nut allergy. Have made a few trips to the hospital because of it and carry an epipen everywhere.

    For sit down meals regardless of what I order I tell the server of my allergy. If I don't and I have an issue it's on me, I'm the only one to blame. If I tell them and have an issue? Well that's different.

    There are times at chain restaurants like Earls and Joeys where I forget to mention it but I know their menu well enough I'm not too worried.
    Originally posted by Arash Boodagh
    Before I start pwning all the members with my findings.
    Originally posted by Arash Boodagh
    Plus, is it true you can feed a pig elephant dong and it will still grow and build meat?
    Originally posted by Toma
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    Sue the pants off them, That's what their business insurance is for. "Your" friend may as well try to get an easy paycheck.
    Last edited by redblack; 06-12-2016 at 12:10 AM.

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    Originally posted by redblack
    Sue the pants of them, That's what their business insurance is for. "Your" friend may as well try to get an easy paycheck.
    '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!
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    Integrity seems to be in short supply these days.

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    Originally posted by max_boost
    Legal recourse?! Da fuq dude. If you are deathly allergic to something, you tell the staff!
    This!

    I have had to be hospitalized from oyster mushrooms and had an interesting event with other kinds of mushrooms... I now always tell the waitress I have a mushroom allergy even if it isn't listed on the plate I am ordering. Always better to be safe.

    I hope your friend is okay.

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    Update: He got in touch with a laywer who said that major allergens should be listed on the menu, I guess nuts is one of them. Should get interesting...

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    And another example of what is going so wrong with society.
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    Legal recourse??? Hahahahahahahhahahaahahahahahahahahahahaahahahhahaha.


    Fuck off, if your buddy has that severe of an allergy he should be carrying an epi pen at all times. The world isn't going to evolve to cater to his every need. He SHOULD be a responsible enough adult to look after his own shit.

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    Lol waiting to see the fine print on the menu.

    please notify your server if you have any allergies blah blah
    Ok good luck. I'm too lazy to search but onus is on your bro.

    This won't go well if he's paying the lawyer $300/hour haha
    Originally posted by rage2
    Shit, there's only 49 users here, I doubt we'll even break 100
    I am user #49

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    Originally posted by jabjab
    Update: He got in touch with a laywer who said that major allergens should be listed on the menu, I guess nuts is one of them. Should get interesting...
    Of course he did.

    Originally posted by SJW
    Once again another useless post by JRSCOOLDUDE.
    Originally posted by snowcat
    Don't let the e-thugs and faggots get to you when they quote your posts and write stupid shit.
    Originally posted by JRSC00LUDE
    I say stupid shit all the time.
    ^^ Fact Checked

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    Honestly, not the response I expected from Beyond.

    20 years ago I would agree with the response, but nowadays? You guys do realize (I believe) it is a requirement, right? They put warnings on food that it has been PREPARED in the same facility as one that has peanuts prepared in it.

    I've never been to a restaurant that does not spell out clearly if something has nuts of any sort in it. Who the f&%k would think to ask if they put NUTS in the burgers?? I have a mild nut allergy, never in a million years would I consider to ask that. I ask a lot about desserts, and lots of food that isn't "north american", but burgers? No.

    I'm not saying the guy should sue, but I also feel he has a legitimate case if it is required for allergens to be listed. Again, you guys do realize most food nowadays also highlights if it has milk products or gluten in it? Maube that is just a fad, but I know some people who suffer from actual celiac disease and gluten will fuck them right up.

  20. #20
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    Originally posted by jabjab
    Update: He got in touch with a laywer who said that major allergens should be listed on the menu, I guess nuts is one of them. Should get interesting...
    A lawyer told him he has a case and should sue? Well I'm shocked

    It's certainly your friends right to sue the establishment. Who knows maybe he'll weasel his way into a settlement, or even a judgement in his favour, doesn't make him any less of a douche for doing it.

    Originally posted by HiTempguy1
    I've never been to a restaurant that does not spell out clearly if something has nuts of any sort in it. Who the f&%k would think to ask if they put NUTS in the burgers?? I have a mild nut allergy, never in a million years would I consider to ask that. I ask a lot about desserts, and lots of food that isn't "north american", but burgers? No.
    Burgers, salads, pasta's, steak with a side of fries, my severe allergy means I don't take chances. I tell the server regardless. Note on the menu about allergens, no note about allergens, I tell the server.
    Last edited by rx7_turbo2; 06-12-2016 at 09:46 AM.
    Originally posted by Arash Boodagh
    Before I start pwning all the members with my findings.
    Originally posted by Arash Boodagh
    Plus, is it true you can feed a pig elephant dong and it will still grow and build meat?
    Originally posted by Toma
    rx7_turbfoags best friend
    Toma the homophobe?

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