MY wife suffered a severe allergic reaction from mushrooms in a restaurant when she had read the menu and ordered a chicken and goat cheese flat wrap. She bit into the wrap and said it tasted funny and went to ask what was in the wrap, the manager couldn't tell, but was sure it wasn't the Chicken wrap she had ordered, infact is was a combo of mushrooms including Portabells that she was deathly allergic to, The waitress explained that she putt in the wrong order for my wife. She went into shock in the restaurant, the fire department arrived and put her on Oxygen and then the ambulance arrived and took her to the hospital. Is that a case for getting our costs back? and negligence issues? My wife ndew she was allergic to the mushrooms and always reads the menu and asks if there is a question. DeL Brandt XXX-XXX-XXXX
We haven't tried anything so far the Restaurant manager appoligized, and sent flowers the next day Sept.27,2008
Thank you for your question.
Based only on the information contained in your post, your wife may have an action for negligence against waitress and restaurant owner to recover for the injury to her person.
The waitress had a duty to use reasonable care in serving the food that was ordered. She apparently did not use the standard of care that a waitress should use since put the wrong order in and admits to her error.
The retaurant owner may be legally responsible for the actions of the waitress by virtue of being the employer.
Your wife sustained an injury that should be compensated. I suggest that you meet with a personal injury attorney in your area to further evaluate your case.
Typically, personal injury attorneys do not charge for a consultation and are only paid if there is a recovery.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLANDNYLAWYER
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