Food Allergy in Resturant allergic reaction

[FlyingA]

What is the name of your state? Utah

Over the holidays I went to a resturant with a buffet. I have an extreme life threating allergy to peanuts. I asked the waiter if any of the buffet items contained nuts or peanuts. He checked with the kitchen and told me they did not. My wife also carefully checked the food,however I ate a bean dish that had peanuts in it. I was rushed to the emergeny room for treatment.

This was to be a special dinner with my family, we traved to Utah from California and were planning on going skiing the next day.

Unfotunatly, this put a damper on both the dinner and the ski trip. The insurance company tells me the are glad to pay for my medical bills, however I asked them to remiburse me for some of my expenses of the trip.

I was also told by my doctor that this episode will have an impact on my life, as each time I am exposed to peanuts I will suffer a quicker reaction.

I asked for $400 in compensation for my trip and "pain and suffering" however they are offering only $100.

Do you feel this is reasonable, and do I have any recourse?

 

[pele]

It seems as though you don't have all the information you need about your allergy. If I had your allergy, I would not eat out, much less trust a waiter or cooks on whether or not peanuts or peanut oil is in any of the ingredients they use. Peanut oil is used in many products, some you would not even think of and it doesn't take a lot to cause an anaphylatic reaction. A quick search using Google revealed the following.

Peanuts tend to leave residue on utensils and containers, so caution also needs to be taken to make sure cooking and serving utensils don't contain traces of a peanut product.

For those allergic to peanuts, it is important to read product labels for all ingredients and to avoid obvious sources of peanut protein, such as peanut butter and peanut flour. Foods that contain peanuts or peanut products may be labeled using words like peanut extracts, ground nuts, mixed nuts, or natural flavoring.

Be especially aware of packaged and processed foods because they may contain hidden peanuts. Peanuts can be concealed in processed foods like baked goods, candy, cereals, chili, cookies, dips, egg rolls, ice cream, and spaghetti sauces.

My best to you, you are in a very difficult situation with your allergy.

 

[I AM ALWAYS LIABLE]

My response:

George Washington Carver would not want you as his friend.

IAAL

 

[tammy8]

My response:

George Washington Carver would not want you as his friend.

IAAL

Neither would Peter Pan !

 

[FlyingA]

Actually processed peanut oil is not a threat, and I care to live my lfe fully taking as many precautions that I can. I carry a epi-pen with me at all times.

But all this really doesn't address my question as to liability in terms of the resturant. Can any one offer any constructive help?

 

[HomeGuru]

Actually processed peanut oil is not a threat, and I care to live my lfe fully taking as many precautions that I can. I carry a epi-pen with me at all times.

But all this really doesn't address my question as to liability in terms of the resturant. Can any one offer any constructive help?

**A: yes, you can't spell the word.

 

[I AM ALWAYS LIABLE]

My response:

I would be very surprised if Utah law wasn't "in line" with the following:

A restaurant defendant may be liable on a strict liability failure to warn theory to a plaintiff who suffer an allergic reaction to food if:

• the food contained an ingredient to which a substantial number of people are allergic;

• the ingredient is one whose danger is not generally known or, if known, is one that consumers would reasonably not expect to find in the food; and

• defendant knew, "or by the application of reasonable, developed human skill and foresight should have known," of the ingredient's presence and danger. [Livingston v. Marie Callender's, Inc. (1999) 72 Cal.App.4th 830, 838-839, 85 Cal.Rptr.2d 528, 533 (plaintiff suffered severe allergic reaction from MSG in restaurant's soup); see Rest.2d Torts § 402A]

These issues are for the trier of fact to resolve. [Livingston v. Marie Callender's, Inc., supra, 72 Cal.App.4th at 840, 85 Cal.Rptr.2d at 533-534]


Since the vast number of the population do not have peanut allergies, and since peanuts, or their by-products, are not generally known to be a danger, and since it is "reasonable" to expect that the same would be in served foods (as an ingredient), I would really rather doubt you could prevail.

You see, if all restaurants could be held liable in this fashion, hundreds of thousands of restaurant would be forced to close; i.e., it would be an unreasonable burden for restaurants to remove all ingredients that are otherwise harmless to the masses.

Besides, this is why you carry medicine with you.

IAAL

 

[FlyingA]

Thanks for this reply. I just have a couple of coments on this...

1. A substantial number of people are allergic to peanuts, I have read up to 3 percent of children now are suffering from this allergy.

2. My complaint is that I asked the wait person if there were any items containing peanuts, he checked with the kitchen and came back and said no. My complaint isn't that they serve peanuts, just that I was misinformed even after explaining the severity of my allergy.

It sounds like I do not really have much of a case here, according to this group.

 

[djohnson]

2. My complaint is that I asked the wait person if there were any items containing peanuts, he checked with the kitchen and came back and said no. My complaint isn't that they serve peanuts, just that I was misinformed even after explaining the severity of my allergy.

It sounds like I do not really have much of a case here, according to this group.

I know allergies can be a problem but I don't think can be laid as the servers fault either. If you asked me if any of my dishes had peanuts and it didn't I would say no too. There obviously wasn't any nuts or you would have seen them so it had to be oil or in the processing. That is not what you asked nor would they necessarily know it if it was. I also don't think you have much of a case.

 

[FlyingA]

Thanks for your posts.

Actually to clarify... the dish that I was ate was a bean dish that had white beans and pieces of peanuts in it. My wife first looked it over and tasted it and didn't detect the nuts, before I ate it.

Unfortunatly the white beans masked the peanuts.

 

[ellencee]

My wife first looked it over and tasted it and didn't detect the nuts, before I ate it.

--ahem...I believe that about wraps up your case. I can not help but notice that in your posts, with the exception of carrying an allergy 'pen', you do not seem to accept responsibility for checking your own food or for your own actions...it's the restaurant, the waiter, the wife....

Nuts...they're everywhere; be careful.

EC

 

[FlyingA]

Ugh Hello. Just what more can I do? I carry the pen, my wife checks since she is not allergic and I I do my best to make the resturant understand and check for me. How am I not being responsible for my actions?

 

[HomeGuru]

Ugh Hello. Just what more can I do? I carry the pen, my wife checks since she is not allergic and I I do my best to make the resturant understand and check for me. How am I not being responsible for my actions?

**A: stop eating at buffets.

 

[ShawnWilliams]

As a restauraunt manager I can tell you this, When I managed a seafood restaurant a lasy came in and ordered a chicken dinner, telling her server she was deathly allergic to seafood. He told her simply that we can not guarantee that she will not have a reaction as everything is cooked on the same grill, she then asked to have it pan fried. He gaev her wha she asked for and low and behold she had a reaction.

She made an effort to sue us but her claims were dismissed. She knew she was allegic to seafood when she decided to join friends at a seafood restaurant. While appreciate the desire for a full and normal life, if you are allergic to something it is ultimatly your responsibility to make sure you do not ingest it.

 

[HomeGuru]

In that case, i'll have the shrimp with peanuts dish Thai style.