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Sad story but if I'm allergic that bad where I'd die or become comatose if I ate seafood, I'd probably eat at home or places that don't even serve seafood and ALWAYS carry my epipen.
^^This. Tried to give you Rep, but have to spread it around more, I guess. I have this problem and I do carry my Epipen where ever I go. I try to stay away from restaurants that specialize in Fish like Red Lobster for extra caution, but about a year ago my son really wanted to go there. I just had salad and was still on pins and needles.
I also have a dairy and beef allergy, but it isn't fatal. Had to send a burger back when they brought me beef instead of the veggie patty. Personnel does need to pay extra attention when people mention allergies.
agreed! while this is incredibly sad and scary i am not leaving my well being up to people working in a restaurant where mistakes can happen.
I used to go to lunch with a friend who could not have sugar (diabetic). Anyway, I got used to him explaining very nicely and every time to the server that he cannot have sugar, so he ordered "unsweetened" tea or diet coke. More than half the time he would have to send his drink order back because the server either was not paying attention, forgot, or didn't care.
If I had ANY serious food restrictions, I certainly wouldn't have put my life into the hands of a waiter.
The waitress should have know her last name. Unless it was Clinton, she should have known you can be prosecuted for gross negligence and extreme carelessness.
Sarcasm aside, if this person is successful in pressing charges against the waitress or suing the restaurant, its going to lead to a world where you have to sign a waiver before eating. The poor waitress is far less responsible for the error than the patron (whose many unreasonable mistakes have been well described in prior posts). Both dished look similar and short of tasting it, there's almost no way she could have known. If I was a juror in a state with contributory negligence, I'd assign 99.5% of the blame to the patron, 0.4% to the cook, 0.1% to the waitress and none to the restaurant owner (even the best training, procedures and controls can't eliminate all mistakes).
Sad story but if I'm allergic that bad where I'd die or become comatose if I ate seafood, I'd probably eat at home or places that don't even serve seafood and ALWAYS carry my epipen.
Probably a big reason so many restaurants go out of business is because they have to pay high insurance premiums. Every customer is a potential lawsuit. There are so many food allergies to everything, I wouldn't want to go into that business at all.
Yes, it's a tragic mistake on the part of management and owners, and the customer didn't deserve this. No one does.
This patron...who is deathly allergic to seafood couldn't tell beef from salmon???? come on... all he had to do was smell it or stick a fork in it...his fault...very sad for this waiter.
Koale
Perhaps the smell of the sauces, spices, etc covered up the normal smell? But even still, beef has a different texture from salmon...........
Probably a big reason so many restaurants go out of business is because they have to pay high insurance premiums. Every customer is a potential lawsuit. There are so many food allergies to everything, I wouldn't want to go into that business at all.
Yes, it's a tragic mistake on the part of management and owners, and the customer didn't deserve this. No one does.
Well, it's Canada. Even though US common law derives from UK, I don't know that criminal negligence is a charge in Canada. My impression of UK law now, is that government can hardly do wrong, & commercial entities are close behind (behind the life peers, but ahead of the House of Commons?)
Can anyone with experience in Canadian cases of this sort enlighten us, as to what's likely to happen in this case?
I work on airplanes, and from time to time we have someone come on with nut allergies. They ask that no nuts be served on the flight, etc. My company's policy is to honor that we won't serve that particular passenger any nuts, but the people around them...in the rows forward and behind often want them. We advise the passenger that, while we understand their situation, we cannot guarantee that someone near them has not brought on their own supply of nuts. Also, they expect us to wash each and every tray table before they board....um...that won't happen. There is neither enough man power or time to do that. They are welcome to wipe down their own tray tables, and the tray tables in their rows.
I realize that it is dangerous for some people to be exposed to an allergen, but to expect the rest of the world to accommodate them is unrealistic. They need to be prepared, bring their own epi pens, meds, etc.
Wow! Your airline still serves nuts!? Awesome! I want to fly on that one (sorry little humor about all the cut backs)
I work on airplanes, and from time to time we have someone come on with nut allergies. They ask that no nuts be served on the flight, etc. My company's policy is to honor that we won't serve that particular passenger any nuts, but the people around them...in the rows forward and behind often want them. We advise the passenger that, while we understand their situation, we cannot guarantee that someone near them has not brought on their own supply of nuts. Also, they expect us to wash each and every tray table before they board....um...that won't happen. There is neither enough man power or time to do that. They are welcome to wipe down their own tray tables, and the tray tables in their rows.
I realize that it is dangerous for some people to be exposed to an allergen, but to expect the rest of the world to accommodate them is unrealistic. They need to be prepared, bring their own epi pens, meds, etc.
I have seen these people on planes and in other places. They tend to be almost militant in their attitudes and angry at the world. They feel that that we should suffer with them. Many times when a good restaurant gets a bad review, it's a highly allergic person who got a whiff of somebody else's Chilean seabass or a vegan who got served vegetables with butter. It would be much easier to be considerate of such people if they were considerate of others.
Perhaps the waiter was miffed at the request or just thought it would be a cute prank to intentionally serve the person salmon.
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You have rights, which vary from state to state
