you don't need a cause of action in small claims court per se. If you can prove negligence on the part of the restaurant staff and it was that negligence that sent you to the hospital, then you can sue for the reasonable costs for medical care. It's an option if you want to go there and don't worry, the rules of evidence don't apply and lawyers can't say shit there...

However, I think your best bet is to call and complain to Friday's and not threaten a suit yet. If they are wise, they will settle and pay for your medical bill unless they want to risk some bad publicity on their part. They'll pay you back, I'm sure. I've heard of lesser things being compensated for by companies.

Where's the negligence? What did they do wrong? They don't have the responsibility to ask every customer for a detailed list of their allergies. Had he said "i'm allergic to almonds and nut products" or something similar, then it would be different.

If they would've known it was an allergy, i'd certainly agree with you RUGreek. But they had NO indication that he was allergic. Just b/c someone wants to place an order without a certain ingredient doesn't mean they're allergic. It could easily mean that they're just picky as hell. Like I am.

Suits such as this are why so many people think the legal system is screwed up. So many people love to bash lawyers and the legal system then as soon as anything happens to them they cry law suit! :)

Andy,

To be fair, the cake may not have been made onsite, most likely, it was made from a central location and trucked across the country (therefore the waitress may not have known what was actually in the cake). That being said, the waitress may not have known that there were almonds in the crust. Also, if she is being paid $1.75 /per hour, she may not have cared either (sorry).

I think what was done to you was wrong. Definitely get your documentation together and present it to their corporate office. I think to get your ER visit of $450.00 covered is pretty reasonable.

Sorry for a lousy night! :(

PS I had a look here:
http://www.fridays.com/menu/atkins.htm#dessert
From the context, it sounds like almonds are just on the "top", not in the crust. So, Friday's is not doing a great labelling job, in terms of the nut-allergy factor.

Andy, I hope you are feeling better. I would at least contact the corporate offices and let them know about the attitude you encountered. Seems like from a PR standpoint, they would want to do something.

Hey, he hasn't been back on . .. he didn't die did he?

I think that it is well known that nut allergies can be deadly. The waitress should have checked with the kitchen staff to see if there were nuts in the cake when Andy asked.

I think that the waitress screwed up. This one little mistake could have cost lifesaver his life and not just $450. I think that the restaurant should compensate lifesaver for the cost of his ER visit. I also think that restaurants ought to better train their wait staff. If a customer asks about the ingredients in the foods on the menu, the restaurant through the waitress has a responsibility to give an accurate answer. Restaurants have a responsibility to provide a list of ingredients in their food that can cause allergies like nuts. Putting detailed ingredient lists on the menus like packaged foods is a good idea.

Lifesaver, I hope that you're feeling better, sweetie. :)

P & C. Got to realize, lifesaver is a dramatic person.

Damn glad He is not allergenic to Scotch as We did have a few!:)

Also damn glad I am not allegeric to nuts, oh, the edible kind, not GC Kind!;)

Truthfully, there isnt much that keeps Andy Down! Great Balls of Fire!:cool:

Actually she did know there were almonds in the crust, and even let lifesaver know that:

My step-dad is violently allergic to mustard, which is in almost all salad dressings, as well as mayonnaise. He had business cards made up with his name, and the statement "Please notify the chef that I am severly allergic to mustard." He hands one to servers when he's ordering, and it really gets their attention!

Hey all, I am alive. thanks for the thoughts. I spent the night in the ER. I'm fine now though. Yeah, I probably should have said that I didnt want them becasue of an alleregy. At the same time, I think it was irresponsible of her not to mention it. Seriously, have you ever been with someone when they asked for the server to hold the dressing on a salad but when it comes, its still there, just not on the top? When someone asks for something to be held, its understood that its to be held throughout.

I have a letter drafted and am sending it to their franchise or corporate office.

When I worked at TGI Friday's (5 years ago -- servers still wore stripes and suspenders) we had a lady who'd come in with slips of paper pre-printed that listed EXACTLY how she wanted her salad made. It was ridiculous. X amount of spinach, not romaine, lettuce. X amount of eggs, NO YOLK, I am extremely allergic to yolk. X amount of walnuts. NO CHEESE, I am extremely allergic to cheese. X amount of speically put together dressing. etc...

It was ridiculous. If you're THAT allergic to THAT many things, either find something on the menu that fits your dietary constraints, or eat at home -- it's stupid to put that many directions in the hands of the servers/cooks, who often don't speak the same language (depending on the part of the country you're in) if you're really going to have THAT big of a problem on your hands, allergy-wise. I totally understand "leave off the peanuts", but when you're creating your own menu, it's time to reevaluate!

You should start a new sentence after onsite. You can do that using a period. However, you may want to consider the use of a semi-colon.

-Rudey
--I am going to help you better your English.

Dude, seriously, you should know not to eat ANY deserts at all.... Ever. I have the same allergy, and really skip all desert unless I make it.

Also, you have got to tell these folks that you will die at their table. I say it every time I order dinner, regardless of what I think it contains.

Consider yourself lucky, I have less than 5 minutes after I eat the stuff before my breathing stops...

Glad you are okay...

Right. You really do have to do that to get their attentions. We do that everytime I go out with my friend who has the same allergy!

Glad you're alive..and SUE THE HELL OUT OF THEM!

Re: So how pissed would you be?
 

First off, I'm glad you are doing better.


Second, you DEFINATELY have a right to be pissed. You specifically asked her for NO ALMONDS, forgetting that detail that almonds were in the crust shows negligence on her part.

TP: She let him know there were almonds in it AFTER he finished it, not cool.

Yes, you should DEFINATELY state "I'm allergic to such and such" when at a restuarant, but that waitress SHOULD HAVE followed your "order" when you said you didn't want almonds. It's that simple.

Their cavalier reactions appall me. You definately need to speak to the general manager about the situation. They should be compensating you somehow. IMPO.

I agree, I don't see the negligence either. All I'm saying if he can prove it, then it can fly. I'd hate to see a case like this hit the papers and cause all resturaunts to remove nuts from the menu as a ridiculous precaution. But sometimes you gotta play devil's advocate with an issue in order to be sure you're knocking out all the possible issues.

As for the sue crazy country we live in, it bothers me too. Lately it's been stuff like employment law with people I know getting fired for no reason and wanting to sue. I feel bad but there is nothing to sue for usually...


Sorry for hijacking the thread, just ignore me and continue :)


RUgreek

I do believe I would be upset too about it! You think they would have mentioned now I know you don't want almonds but by the way the crust has them in it.

glad you are feeling better!
I am in the service industry and always pay attention to what my customers say. But that is not to say all my employess do too!
Sometimes you have to speak directly to the Manager before you order b/c they are responsible and the server is getting just a pay check if they treated you like that.
Also remember many peolpe lie about allergies so many servers do not take it seriously enough...I know that sounds weird but it's true.
Good Luck!

What The F over. People who have allergies should not go to resturants? They should not give instructions about what they want?

I was going home to Folks one weekend and hit a McDonnies on the way ans specificall said no onions as mande me sick!

Yepper, got onions! Found out after I started eating it.

Boy, what a sh*tty Weekend. Oh, Micky Ds have chopped Onions and hard to see driving and eating at the same time.!:mad:

By The Way life, still owe me a phone Call! DAHA!:)