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I want to sue a restaurant for intentionally serving my 17 yr old daughter food they knew she was severly allergic too

Albany, NY |

I brought my 2 girls ages 16, and 17 to a restaurant. My 17 yr old has severe, could be fatal allergies. She ordered a cowboy burger without cheese. We informed the waitress that she was severly allergic to cheese so please make sure they dont put cheese on it. She understood, and put it in the computer and said she told the cook. Our food came out and there was cheese on it. As the waitress put the burger down she apologized and went to get a new one. I understood it was a mistake. She came back a few minutes later and she assured us the cook told her it was a brand new hamburger. She put it down and walked away. Something looked strange so as my daughter was beginning to pick it up I told her to put it down. I looked under the burger and what they did was flip the burger over so

Attorney Answers 5

  1. Best answer

    Fortunately for you and your daughter, you have no case thanks to your quick thinking. I strongly urge you to contact the management of the restaurant and I would also contact the county board of health.

    You only have a suit if you have both a cause and damages, you may have cause but thanks to you're being a great mom, you don't have damages.

    I think you did well.

    I hope your daughter learned a valuable lesson. I have food allergies too and if they screw up the order I order something completely different or I leave. In this case I would rate the restaurant on Zaget's board and other boards and let people know.

    Good luck.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney advertising. Rather, it is offered solely for information purposes. Since the facts of each case are different, it is critical to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions.

  2. Thankfully you caught the problem and she was not physically harmed. You should report the incident to the board of health. Suing, will an option, would not be economically practical. Litigation is expensive, time consuming and risky. Caution, if this was an intentional act there likely would be no insurance coverage. Don't think it needs to be said, but don't eat at this faciity again. Did you speak with the owner? Good luck.

  3. Your situation is unfortunate, but you need damages or harm to make it worthwhile to pursue a case. Since your daughter did not consume the sandwich and had no adverse reaction at all, there was no harm. Hence, it is not worth pursuing a legal case.

  4. Whether or not the restaurant acted negligently or intentionally, the law requires injury in order to be entitled to compensation. So while you can bring a lawsuit, it's likely you would simply be wasting time and money. Making a complaint to the board of health or other appropriate agency may be in order however.

  5. If you caught it in time, I don't see a case. Lawsuits costs money to pursue and take time as well. Unless there are significant damages suing is a wast of time and money. Consult with a local personal injury attorney but I doubt anyone will take the case if you caught the problem before anything happend.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 385-8015 or via email at The above answer is for informational purposes only and not meant as legal advice.

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