So how pissed would you be?

[PM_Mama00]

Wow, so I guess Friday's service all over the country is horrible, not just in Dearborn Michigan.

But. I'm sorry to sound bitchy, unless lawyers or whatever went on the reaction of the waitress and manager (and that's only hearsay from you, an upset individual), I doubt you'd have a case. I'm not a lawyer or anything, but I ask for no nuts on stuff all the time but if there are nuts in the crust or whatever, so be it. I'm not allergic. You never mentioned your allergy, so the waitress just thought you didn't want the nuts on top or whatever. You are the one with the allergy, and while restaurant people should be educated about food allergies and what not, it was YOUR responsibility to mention your allergy, not to assume that the waitress knew. I think calling people ignorant or saying that this waitress is dumb isn't right.

Their reactions was ridiculous. But, honestly I don't think you would get a dime out of them because you never mentioned an allergy.

[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.

[James]

Hey hey. I don't think Lifesaver said he was going to sue anyone did he? I thought he was just pissed at this point? So lets not piss him on some more by telling him he doesn't have the case he didn't ask about.

I agree that lifesaver should have made it clear that he had an allergy, if only for his own safety.

I also agree that the waitress should have said something simple like: "oh, there are almonds in the crust do you still want it?"

I mean thats not so hard right? Putting an ingredient in the food that you don't like the taste of is big deal also isn't it?

I mean lets say I really don't like the taste of mushrooms. I am not going to want that on the food, cooked in the food, or in the crust of the food. Thats going to spoil my meal. I am not going to eat it.

In fact I have had meals comped when they did that even though i offered to pay (once they took the gobsmacked mushrooms off it).

Now with a food allergy once you taste it its too late. It more than ruins your meal.

As far as why he posted here and then went to the ER . . . Food allergies can take up to 45 minutes or so to kick in depending on the severity of the allergy and other factors.

They can also take a while for all the symptoms to be fully realized.

Not all allergies are immediately life threatening in nature, but you kind of never know if the next attack will be.

Anyway. Call corporate. If nothing else there is a serious failure of customer service.

[texas*princess]

VERY well said James!

[PM_Mama00]

Originally posted by James
Hey hey. I don't think Lifesaver said he was going to sue anyone did he? I thought he was just pissed at this point? So lets not piss him on some more by telling him he doesn't have the case he didn't ask about.

He may not have said that, but everyone else is talking about calling corporate and having the company pay the ER bill and all that. I still don't think it's their responsibility when it's his health is his responsibility. And I respect Lifesaver, but I'd say the same thing to my family member or best friend.

[cash78mere]

i have to agree with pmmama and kddani on this one.

it is your responsibility to mention a food allergy. they can't possibly know that you are severely allergic by looking at you.

chalk this up to a learning experience. your health is now okay, no serious damage done. now you know that you should mention your allergy at all times. that will alert a waitstaff, especially if they know they use peanut oil, etc to cook foods in but don't blatantly mention it on the menu.

and honestly, i don't consider fridays upscale by any means. at least it's not around here. it's like any old chain restaurant. i would expect more professional service from a more upscale restaurant, but not fridays. they're cheap.

glad you're okay though!

[texas*princess]

Originally posted by cash78mere
and honestly, i don't consider fridays upscale by any means. at least it's not around here. it's like any old chain restaurant. i would expect more professional service from a more upscale restaurant, but not fridays. they're cheap.

glad you're okay though!

i don't think many people consider Friday's upscale.. but come on... I've received better service at McDonalds

[PM_Mama00]

Wow I seriously thought that our Friday's was the only one. Maybe corporate needs to work on something if it's more than a few that have shitty service.

I've received better service at our favorite shit hole, Denny's. And everyone Downriver knows that at Riverview Denny's, if you don't have purple hair or a mohawk, you're not getting service.

[kddani]

Originally posted by James
Hey hey. I don't think Lifesaver said he was going to sue anyone did he?

No, but quite a few people brought up getting a lawyer in this thread. Wanted to point out that it's not a good idea, and why.

As far as why he posted here and then went to the ER . . . Food allergies can take up to 45 minutes or so to kick in depending on the severity of the allergy and other factors.

They can also take a while for all the symptoms to be fully realized.

It's not like he didn't realize there were almonds in it. He did. He said he's deathly allergic to any nut product. As soon as you realize it, should've gone straight to the ER. You don't sit around and wait until your throat is closed up and you can't breathe. With treatment for anything, the earlier you see a doctor the better.

I truly hope that Lifesaver is feeling better, and this sucks that it happened. However, people go a little crazy saying oh- you should sue, when it's something that's not the restaurant's fault.

[Taualumna]

I have a "sensitivity" to peanuts. When I was 12 years old, I ate a bag of airplane peanuts and my lips just swelled up and I had a little bit of trouble breathing. What's weird was that I had had peanuts and peanut butter before, and the worst that happened was that my tongue felt funny or I'd have a minor rash around my mouth. I haven't had peanuts since then. Until recently, my dad had trouble believing that I have a "sensitivity" to peanuts and peanut butter because it's so unusual for Asians to have this problem.

[RUgreek]

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.

[kddani]

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!

[CutiePie2000]

Originally posted by texas*princess
Actually I *CAN'T* understand that the server didn't know the crust had almonds in it.

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.

[tinydancer]

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.

[James]

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