Legal Question in Personal Injury in Colorado
Acute allergic reaction
(I have an acute allergy to peppers.) A few days ago my family and I went to dinner at a local restaurant. Upon ordering I asked the server if meal contained any form of bell peppers. He assured me it did not. After we received our dinner and I took a bite my mouth blistered, my lips swelled and then I had to use an emergency EpiPen to help my breathing. During the time I was in the restroom taking the medication my domestic other once again asked if the meal contained peppers, the server once again said no. As we were leaving the manager was asked about the food and admitted it was marinated in the peppers. After we left the restaurant I was taken to the hospital for an acute allergic reaction. Can I have the resterant pay for the medical bills?
1 Answer from Attorneys
Re: Acute allergic reaction
You can certainly ask, and if they tell you to go eat some more bell peppers you can certainly file a lawsuit against them. But I think your case will be seriously weakened if you did not inform the waiter that there was a medical reason for your question. It is up to you to let them know about any severe allergies. Otherwise they may have reasonably assumed it was a matter of taste or texture. It sounds like they accurately reported there were no bell peppers in the meal, that the food was merely marinated in them.
Good luck.
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