Legal Question in Personal Injury in North Carolina

food allergy liability for restaurants

My son consumed food from the NBA City Restaurant on our vacation

that caused him to have an allergic reaction. We were not made aware ahead of time that the ''Salmon w/ pesto '' had peanut ingredients. We had no idea that that this menu item was risky. We knew our son had a peanut allergy,so as soon as symptoms started ,and we verified the ingredients with an employee, we immediately gave Benadryl. An emergency medical person was dispatched . By the time he arrived ,he said'' this would have been worse if Benadryl hadn't been given so quickly, but in my opinion the danger is now over '' The reaction included chest pains and abnormal breathing, causing lots of anxiety for our son and our family. ( He also vomited later that night back at the hotel ) . We think that restaurants such as this one should bear responsibility for warning patrons ahead of time of such risky food items ( not OUR responsibility to ask AHEAD of time,) . Peanut reactions can be very dangerous. We feel like this ''close call'' did not have to happen. Before I could contact their ins co concerning liability - they called & offered $250.00 to sign a release from further liability.

Is this fair ? What should we do.

Thanks

LRBrookshire@msn

1 Answer from Attorneys

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