Shellfish Allergy - Harmful Negligance?

[desileigh]

What is the name of your state (only U.S. law)? California

Hello. I am looking to get some advice about filing a lawsuit. My boyfriend (Marco) was at a restaurant and we informed the server about his allergy to shellfish. She assured him they would let the cook know and make sure they used clean utensils. The group of people ordered various tacos and Marco ordered a fish taco. They brought back one plate with one taco that was said to be the fish taco and another large plate with all the other tacos. The server stated that they put it on the separate plate because of his allergy to keep it separate. He bit into the taco and realized that it was lobster. Instantly he started to feel the reactions. I called 911 and we were able to get him help and prevent his death. My friend stayed behind to get names and the cook came out apologized and said that it was his fault. The cook stated that the server had clearly written shellfish allergy with several exclamation points but he made a mistake. The manager has called to complete and incident report but I feel like we should speak to an attorney first. Any advice on the best course of action? We are not really sue/money happy but feel that the establishment needs to understand how severe this was and that anyone could die over a mistake like this. We want to make sure that no one has this problem again.

Thanks for the help!!

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

Hello. I am looking to get some advice about filing a lawsuit. My boyfriend (Marco) was at a restaurant and we informed the server about his allergy to shellfish. She assured him they would let the cook know and make sure they used clean utensils. The group of people ordered various tacos and Marco ordered a fish taco. They brought back one plate with one taco that was said to be the fish taco and another large plate with all the other tacos. The server stated that they put it on the separate plate because of his allergy to keep it separate. He bit into the taco and realized that it was lobster. Instantly he started to feel the reactions. I called 911 and we were able to get him help and prevent his death. My friend stayed behind to get names and the cook came out apologized and said that it was his fault. The cook stated that the server had clearly written shellfish allergy with several exclamation points but he made a mistake. The manager has called to complete and incident report but I feel like we should speak to an attorney first. Any advice on the best course of action? We are not really sue/money happy but feel that the establishment needs to understand how severe this was and that anyone could die over a mistake like this. We want to make sure that no one has this problem again.

Thanks for the help!!

The restaurant should refund the cost of the meal and pay all of your boyfriend's medical bills for the incident. If your boyfriend lost working time, they should compensate him his lost pay.

 

[justalayman]

He bit into the taco and realized that it was lobster. Instantly he started to feel the reactions.

Instantly?

while it doesn't relieve the restaurant from liability, if he is that reactive to a mere bite and that would have resulted in anaphylaxis, he should never frequent a restaurant that even sells shellfish. There is never a guarantee that there is not some cross contamination. On top of that he needs to carry an Epi-pen or similar medical device. It is foolish for a person with such a severe allergy to not has one in their pocket at all times.

 

[swalsh411]

We want to make sure that no one has this problem again.

Unless you can invent a cure for food allergies, you will not be successful.