[kddani]

I'm sorry that this happened to you, and I don't think their reaction was very good, BUT, I have to agree with PMMama on this one.

If you have an allergy, you NEED to mention it. These people aren't psychic. Maybe they think you just don't really like almonds. For instance, I don't particularly care for almonds, so I would've asked for it without. However, i wouldn't have a problem if they were ground up in a crust or something. I just don't want any pieces of them.

You really don't have a legal cause of action. Hopefully as a gesture of goodwill they'll offer to pay for your bills; but I don't think they're required to.

Your health is your own responsibility. When you have a food allergy, it's not tattooed to your forehead and there's no big sign above your head that says "I'm allergic to ____." You need to make it clear, especially in a restaurant, that you're allergic to a certain ingredient. You ordered something that you were aware came with almonds on it, possibly in it. It would at least have been stored and prepared in the same area as almonds. You would've been safer getting something that had no mention of almonds.

If you sue, you'd likely just come across to the jury as a sue-happy individual trying to get a buck when it's something that's their own fault. You also do not have any long term damage to your health and really haven't suffered that much emotional turmoil as a part of it. The only thing I could possibly see happening is Friday's settling just to not have to deal with this. But then again, they might not, because legally it's ridiculous.

I also have to question that, if you're so allergic, why you stopped back at home, posted on GC, THEN went to the hospital?

I don't want to come across harsh, but you asked for opinions, and I've tried to analyze this from both sides. Probably only a shyster lawyer would take this case, and then he would be grasping for straws. I really don't think a legitimate attorney would take this on.