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Old 07-09-2008, 10:04 AM   #11
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Originally Posted by Callisto in NC View Post
Legally they'd only be liable if he informed them beforehand of his allergies. If he did not, they have no liability.

I get a bad reaction to banana peppers and when I go to Subway I make the prep guy change his gloves before I get my veggies. If I forget, it's not Subway's fault but if I ask and they refuse, then it is...
If you ask, and they refuse, and then you eat what they prepare anyway, how is that their fault? You would have knowingly exposed yourself to something that you know causes a bad reaction.

According to his wife, he ordered Chicken Fresco: Man Dies After Eating Seafood - Atlanta News Story - WGCL Atlanta
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Old 07-09-2008, 10:12 AM   #12
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If you ask, and they refuse, and then you eat what they prepare anyway, how is that their fault? You would have knowingly exposed yourself to something that you know causes a bad reaction.

According to his wife, he ordered Chicken Fresco: Man Dies After Eating Seafood - Atlanta News Story - WGCL Atlanta
Who said I'd eat it? If I ask and they refuse, I take the sandwich and call my SIL who is a rep for Subway. However, you miss the point.

My point is did he TELL them he was allergic to seafood or did he even know?
Quote:
If you look at the story you linked it says: died after having an allergic reaction while eating what he thought was crab meat at a Ruby Tuesday
If he was allergic and was eating what he thought was crab, how is it the restaurants fault? Did he know he had an allergy or not? The story and statements are very conflicting in that news story.

I still believe from what is there, he didn't tell the restaurant about his allergies. My neighbor works at Ruby Tuesday and asked her protocal IF someone has allergies. She said they make a note in the computer and will question if someone orders something they are allergic to. So did he inform anyone? Doesn't sound like it.
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Old 07-09-2008, 12:23 PM   #13
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Originally Posted by Callisto in NC View Post
Who said I'd eat it? If I ask and they refuse, I take the sandwich and call my SIL who is a rep for Subway.
You said: "If I forget, it's not Subway's fault but if I ask and they refuse, then it is."

For "it" you're referring to is exposure to an allergen that causes a reaction. You can only get that if you eat the food.

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Originally Posted by Callisto in NC View Post
However, you miss the point.

My point is did he TELL them he was allergic to seafood or did he even know?
If he was allergic and was eating what he thought was crab, how is it the restaurants fault? Did he know he had an allergy or not? The story and statements are very conflicting in that news story.

I still believe from what is there, he didn't tell the restaurant about his allergies. My neighbor works at Ruby Tuesday and asked her protocal IF someone has allergies. She said they make a note in the computer and will question if someone orders something they are allergic to. So did he inform anyone? Doesn't sound like it.
He knew. From the story:

Quote:
“We just don't understand. It's hard to understand. It wasn't a car accident, he didn't have cancer. It was a meal, a mix-up with a meal,” said sister Yolanda Davis.

Davis said her brother ordered the chicken fresco dish. But instead, she said, he received a seafood dish. She said Hawkins would never order seafood since he's allergic to it, and seafood could kill him.
His wife, who was at the restaurant with him, said he ordered chicken fresco, not chicken oscar.

It's possible he didn't realize there was seafood in it until he started eating it, then said something to his wife, and then the reaction started and he went into shock. I'm not sure whether the restaurant is liable or not - I don't know the law that well.
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Old 07-09-2008, 12:48 PM   #14
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I'm sure will hear more about this. And maybe even hear the whole story.

I was always mad about coffee from McD story, until recently I learned the whole story. Even though the woman was stupid enough to put the cup between her legs it was the discrenatal emploee who turned the heat in the coffee pot so hot that her skin melted.

So until we know the whole story here, there is nothing that we can say or decide.
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Old 07-09-2008, 01:13 PM   #15
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He knew. From the story:

His wife, who was at the restaurant with him, said he ordered chicken fresco, not chicken oscar.

It's possible he didn't realize there was seafood in it until he started eating it, then said something to his wife, and then the reaction started and he went into shock. I'm not sure whether the restaurant is liable or not - I don't know the law that well.
The story, as I previously pointed out, says he thought he was eating crab. I further indicated the story disputes itself in what it says.

My issue is DID HE TELL THE RESTAURANT. Point blank, that's the only issue here, not what Subway does with my sandwich. Did the man tell the restaurant and why does the story say "after eating what he thought was crab." Well if he thought it was crab, why was he eating it?
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Old 07-09-2008, 01:46 PM   #16
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Originally Posted by Callisto in NC View Post
The story, as I previously pointed out, says he thought he was eating crab. I further indicated the story disputes itself in what it says.

My issue is DID HE TELL THE RESTAURANT. Point blank, that's the only issue here, not what Subway does with my sandwich. Did the man tell the restaurant and why does the story say "after eating what he thought was crab." Well if he thought it was crab, why was he eating it?
I know what your issue is I don't know whether he told the restaurant about his allergy, and I'm not as sure as you seem to be that that's the only factor that matters.

You seem to have missed my other point: It's possible he didn't know he was eating crab *until after he started eating it*. Maybe, after taking a bite or two, he said to his wife, "You know, I think there might be crab in this." Then he could have started having the reaction, which might, or might not, very quickly turn to shock. Allergic reactions are highly variable in how quickly and how severely they progress.
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Old 07-09-2008, 02:59 PM   #17
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Oh how horrible.
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Old 07-09-2008, 03:52 PM   #18
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I know what your issue is I don't know whether he told the restaurant about his allergy, and I'm not as sure as you seem to be that that's the only factor that matters.

You seem to have missed my other point: It's possible he didn't know he was eating crab *until after he started eating it*. Maybe, after taking a bite or two, he said to his wife, "You know, I think there might be crab in this." Then he could have started having the reaction, which might, or might not, very quickly turn to shock. Allergic reactions are highly variable in how quickly and how severely they progress.
My point (I certainly won't use the word issue) is the article states he was eating what he thought was crab. Why was he eating it if he thought it was crab. Going by knowledge only provided in the article and of Red Robin's procedure, I do not see how the restaurant is liable. I'm basing my thought process on the article and procedural knowledge. If he told the server and hostess "no seafood" and the server believed he ordered the dish with crab, she would have questioned his order. If she did not, the kitchen would have IF he had properly informed the restaurant.

I stand by my belief, the restaurant is not liable.
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Old 07-09-2008, 04:00 PM   #19
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Are we talking about the article in the first post? If so then no where in that article does it say the man was eating what he thought was crab.

Even if it did say that, you would not know if his knowledge came before or after he put the food in his mouth. If the article said "the man was eating what he thought was crab" that could mean that he ordered what he knew to be crab or it could mean that he ordered chicken and took a bite and then "knew" that he was eating crab once it hit his tongue and he tasted it or had a reaction.
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Old 07-09-2008, 04:06 PM   #20
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Going by knowledge only provided in the article and of Red Robin's procedure, I do not see how the restaurant is liable.
Just because they have a procedure does not mean it was followed.
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