Legal Question in Personal Injury in California
my daughter had an allergic reaction went into anaphylactic(sp?) shock to pine nuts that were in her food entree at a restaurant that was not listed in the menu. Waiter stated the ingredients "pine nuts were not supposed to be added but the cook added them in. Long story short 911 call ambulance and Inpatient admit. What are the legal actions that can be taken? We have to pay for ER & admit.
2 Answers from Attorneys
Restaurants are not obligated to list every ingredient in every dish on the menu and you cannot assume they have. If you have a serious allergy, it is up to you to inquire and make the establishment aware of the issue. Then if they feed you something you have asked not to have, they would be liable.
There is no legal requirement to list every ingredient, and no restaurant does, so you are obligated to ask and determine if something you are allergic to might be in an item. The restaurant is not at fault, nor responsible for your bills. They might offer to pay something towards them simply out of PR is asked, and not threatened.
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