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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 28035
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I ordered a plate of beef ends from a BBQ restaurant today.

Customer Question

I ordered a plate of beef burnt ends from a BBQ restaurant today. The waitresss then suggested the special which consisted of burnt ends with a different sauce. After eating, the the waitress returned with a receipt showing pork burnt ends. I told her that I do not eat pork for religious/Jewish reasons and had not done so in 12+ yesrs
JA: What state are you in? It matters because laws vary by location.
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing else
Submitted: 4 months ago.
Category: Legal
Expert:  LegalKnowledge replied 4 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 4 months ago.

Good evening. I certainly understand the situation and your concern. May I ask what exactly your question is? Do you think she knew or had reason to know you do not eat pork? Do you know why they would serve the burnt ends with both beef and pork or if she was even aware of this?

Customer: replied 4 months ago.
I originally ordered beef burnt ends. She never made us aware the the meat on special was made out of pork.
Customer: replied 4 months ago.
My friend even made it a point to ask her if the creamed corn had pork in it -- prior to her recommending the special
Customer: replied 4 months ago.
Is there any legal action I can take on my end -- this is already taking a heavy mental toll on me and is a huge part of my religion
Expert:  LegalKnowledge replied 4 months ago.

Thank you for the reply. I think it is going to be hard to sue the restaurant, for the actions of the waitress, as it would not appear her actions were intentional. Being Jewish myself, I do understand the meaning of all of this and how it can effect you. Moreover, the restaurant may argue that if there were any dietary restrictions, you should have inquired about it, seeing how this was a BBQ restaurant and they have all different types of meats. Even though your friend asked about pork being in the corn, if it was not asked by you, she may not have realized it was an issue with what she offered and what you ordered. I know this is not ideal but unless you can show she intentionally did this and it was a hate crime type of issue, it may be hard to sue, as you would need to ask for damages suffered and those could be hard to determine here.

Customer: replied 4 months ago.
Both my friend and I follow Jewish law -- and he was effected/served the same meat as well. But i do understand the burden of proof needed to show that it was done in malice/hate
Expert:  LegalKnowledge replied 4 months ago.

I think you can certainly file a complaint with the restaurant and the owner and see if they will compensate you in any away but as far as filing a lawsuit, I think it may be hard to prevail.

Expert:  LegalKnowledge replied 4 months ago.

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