Nut Allergy 911

[macdaddio]

What is the name of your state? CA

Hi all,
I'm new to this forum so please forgive me if this was asked previously. I own a restaurant that serves all kinds of nuts in our dishes. We've taken precautions to warn our customers of the fact by affixing stickers in plain sight at several locations throughout the restaurant stating that our restaurant is not a nut free environment. Last week we had a customer who is highly allergic to nuts order a dish that did not contain any nuts, but unfortunately, it must have had some nut residue from a previous dish mix in with it. It is nearly impossible to eliminate the chance that there won't be any residue crossed between dishes, since we use the same grill to cook a multitude of combinations. The customer did not inform us of his allergy beforehand, otherwise, we would have warned him or suggest some other dish that would have zero chance of nut residue contamination. He called yesterday screaming profanity at my hostess, crew & me for being negligent & wants me to pay for his hospital bill. He said many things to degrade my crew & also said inappropriate words regarding how "ignorant" the female gender is. All the while, we were professional & apologized, but he didn't want anything other that money. I informed him of our allergen warnings posted in plain sight in the store & he said "That doesn't apply to me." I asked "Why didn't you inform your waiter that you were allergic to nuts?" & he said, "Why would I inform her of my allergy if I ordered a dish that doesn't contain nuts?" Well, that's the gist of the situation. Any advice as to how I should handle this situation? Thanks in advance!

 

[racer72]

Tell the guy to pack sand. I appears you have a perfect defense.

 

[las365]

It sounds as if you have adequate warnings. Anyone who is so allergic that he would have a reaction requiring hospitalization from the kind of exposure that you describe was likely at your restaurant (given the dish he ordered) should be responsible enough to discuss his dietary restriction with the server.

His burden of proof is to prove that his exposure to the allergen occured at your restaurant, which he may or may not be able to do via circumstantial evidence.

Just to be on the safe side, do take notes of the phone conversation that took place, along with any future conversations with this person. Be sure to write down his rude rantings. If he doesn't go away, notify your insurance carrier. It's better for them to know what is going on before you get served with a lawsuit.

 

[ecmst12]

I have a friend with a severe nut allergy. She ALWAYS asks when ordering at restaurants, if the dish she's ordering was cooked in peanut oil or has any nut ingredients, even if it does not say that it has nuts on the menu.

Anyway, you have insurance for this stuff, right?

 

[macdaddio]

Thanks to everyone with your insight. Although I feel bad that he had a allergic reaction to our food & I really am sympathetic. I, as a business owner must protect my business & did the best I could to let customers make an informed decision to eat at my establishment by posting allergen notices. BTW, I do have insurance.