"Discover Cooking, Discuss Life."

Go Back   Discuss Cooking - Cooking Forums > The Back Porch > Off Topic Discussions
Reply
 
Thread Tools Display Modes
 
Old 07-09-2008, 04:17 PM   #21
Executive Chef
 
Join Date: Oct 2007
Location: Mooresville, NC
Posts: 3,102
Quote:
Originally Posted by GB View Post
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.
No, the article in a later post.
__________________

__________________
Callisto in NC is offline   Reply With Quote
Old 07-09-2008, 04:55 PM   #22
Chief Eating Officer
 
GB's Avatar
 
Join Date: Jul 2004
Location: USA,Massachusetts
Posts: 25,509
OK I see it now. Even still, it does not say when he knew he was eating crab. It could have very possibly been that he put it in his mouth and then knew he was eating crab, which at that point would be too late.
__________________

__________________
You know you can't resist clicking
this link. Your eyes will thank you. VISUAL BLISS
GB is offline   Reply With Quote
Old 07-09-2008, 08:17 PM   #23
Head Chef
 
Join Date: Jan 2008
Location: Richmond, Va
Posts: 1,228
Quote:
Originally Posted by CharlieD View Post
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.
I disagree with your assessment of the overheated coffee in the MD story. Water boils at 212 degrees, and will not get hotter unless it is pressurized. I make coffee at boiling temperature, and expect it to be served hot. On the other hand, I do not put paper cups of hot liquids between my legs and drive off. Unless the patron informed MD's that she was going to put the coffee between her legs and wanted cold coffee. I do not see how a restaurant should be responsible. I'm not sure about the subject story. Seems to me that I were deathly allergic to something, I would be positive that I was not eating it. If I ordered a chicken dish without seafood, and got crab, not vegetables, I somehow feel I would have been suspicious and checked before I tasted the dish. Too often people sue first and ask questions later, and we all pay.
__________________
Bigjim68 is offline   Reply With Quote
Old 07-10-2008, 02:46 AM   #24
Traveling Welcome Wagon
 
Join Date: Apr 2004
Location: Somewhere, US
Posts: 15,919
If he was allergic to seafood, I couldn't imagine he would eat it if he knew beforehand that it had crab in it. I would think he would be able to smell crab.

My thinking is that if the man did not tell the server that he was allergic to seafood, and the restaurant is found liable, things could drastically change at restaurants. I can picture people having to fill out and sign a survey or statement naming all foods, spices, drinks, etc. that they are allergic to, before being seated.

I know someone who cannot go to most of the steak restaurants around here when she has her kids with her because most of them serve buckets of peanuts. Her son is so allergic to peanuts that he had a bad reaction when someone who had eaten a peanut butter sandwich earlier kissed him on the cheek. At age seven he is aware of what he can and cannot eat, and he is not afraid to ask questions. He doesn't automatically trust that something doesn't have peanuts just because someone says it doesn't. I know he has asked me to read the label of something I offered him. Another boy, who was in my 4th grade class a few years ago, was the same way. If the school cafeteria served something different, he asked the cafeteria manager what was in it, and he specifically asked about peanuts. If we had a class party, he checked the ingredients out. And when we did our "How to Make a Peanut Butter and Jelly Sandwich" paper, he wrote about making a jelly sandwich, and when the class got to make their sandwiches, when they had finished their papers, he made a jelly sandwich. Although it was probably a fluke, the man in the article could have possibly avoided dying if he had been as conscientious as these kids.

Barbara
__________________
Barbara L is offline   Reply With Quote
Old 07-10-2008, 01:31 PM   #25
Cook
 
Join Date: Jul 2007
Location: Ohio
Posts: 90
As someone who has a serious allergy to food, I would like to share my opinion. When I eat out at restaurants if the dish I order does not have avocados in it I never mention that I am allergic to them. I assume that I will receive the dish that I ordered as is off the menu. I think that the restaurant should be liable if the dish that the customer ordered is not the dish that they received. I know that for me personally I have only reacted to avocados 3-4 times in my life. However each reaction has been significantly worst than the last. I also know that my body tells me immediatley that something is not right in what I am eating, and I will stop eating. However one bite will make me ill. (The last reaction was 3 years ago and after 2 small slices anaphalatic shock started.) Anyways I feel that if the restaurant got the order wrong, it's there fault. I would sound like a crazy person if everytime I ordered food I told the server, by the way no avocado, mango, banana, kiwi, or chestnut please, when there is none of that in the dish to begin with. If the customer ordered a dish with seafood and did not mention his allergy then he is to blame, but otherwise he was ordering a dish he could eat with no problem. (he should have been carrying an epi pen though!)
__________________
krichardson is offline   Reply With Quote
Old 07-10-2008, 02:10 PM   #26
Master Chef
 
jennyema's Avatar
 
Join Date: Mar 2002
Location: Boston
Posts: 9,258
Quote:
Originally Posted by Barbara L View Post
Although it was probably a fluke, the man in the article could have possibly avoided dying if he had been as conscientious as these kids.

Barbara

The menu clearly stated the ingredients in their chicken dishes.

Supposedly read the menu, which listed all the ingredients, and ordered one without crab:

"Chicken Bella
Slices of sautéed baby portabella mushrooms and artichokes in Parmesan cream sauce over a fresh, grilled chicken breast. Served with fresh, steamed broccoli and mashed potatoes."

He could have verified that the dish didn't have crab in it by asking the server or the manager. Both would have assured him that the dish he ordered had no crab in it.

But he was served the wrong dish. A dish very similar in appearance to the one he ordered.

"Chicken Oscar
Tender jumbo lump crab meat with asparagus tips and lemon-butter sauce atop a fresh grilled chicken breast. Served with fresh, steamed broccoli and mashed potatoes"

We have no idea what the crab looked or smelled like when it was sitting atop that chicken. It may have been under another garnish. He obviously didn't realize there was crab on it. If you know you are very allergic to something you are not knowingly going to eat it.

He probably took a bite and thought "Oh Crap!!"
__________________
Less is not more. More is more and more is fabulous.
jennyema is online now   Reply With Quote
Old 07-10-2008, 02:39 PM   #27
Head Chef
 
elaine l's Avatar
 
Join Date: Aug 2006
Posts: 2,098
I think if I had a serious allergy to any food I would tell my server so that extra care could be taken not to give me the wrong dish or for cross contamination. My niece's bf has an allergy to nuts and I was made aware of it when they started dating.

It is a shame that happened.
__________________
elaine l is offline   Reply With Quote
Old 07-10-2008, 02:45 PM   #28
Senior Cook
 
mozart's Avatar
 
Join Date: Dec 2007
Location: SW Florida
Posts: 419
OK, I'm not a lawyer, so this is just an opinion. I think Callisto is on the right track.

The courts have ruled that restaurants are not always liable when food is not served as ordered. For example, if you get clam shells fragments in your clam chowder, or bones in your fish, or pits in your cherry cobbler. The reasoning is that these items are a natural part of the food, so a patron has to assume they may be present and take precautions. Even when the patron asks beforehand, "Is there bones in your fish?", the restaurant has not been held liable.

Is there anyone on this site who hasn't ordered at a restaurant and gotten the Wong dish? I have on more than one occasion. Even more common would be to say, "Give me ______, but no onions or tomatoes."
Maybe a 1000 times for that one.

I think a normal, reasonable person has to assume that a restaurant may not follow their ordering instructions and be prepared to take whatever the appropriate action is. For most of us, that is either accept it, or send it back. Again, maybe I just pull the onions or tomatoes off and eat it.

However, suppose I'm allergic to even a small amount of onion or tomato juice, that will obviously be left on the dish? Then, of course, I send it back and tell the waitress that I am highly allergic.

It is my opinion, and not as a lawyer, that the court may well find that someone who is aware that they have an acute allergy to a food, has an obligation to inform the restaurant personnel when ordering and perhaps even a further obligation to inspect their served food for that particular item.

Chicken Oscar and Chicken Fresco, as described, would not seem to be hard to distinguish from one another, BEFORE that first bite.
__________________
mozart is offline   Reply With Quote
Old 07-10-2008, 02:47 PM   #29
Executive Chef
 
Join Date: Oct 2007
Location: Mooresville, NC
Posts: 3,102
Quote:
Originally Posted by Barbara L View Post
Although it was probably a fluke, the man in the article could have possibly avoided dying if he had been as conscientious as these kids.

Barbara
This was my thought too. I know kids with the peanut problem. They tell the server at every restaurant, and they don't look like freaks at all, because nuts can be in things you don't even think about. Restaurants who use peanut oil can "cross contaminate" (for lack of a better word) utensils from the peanut to the regular, tongs for example. The same can happen with fish products. If someone is that allergic to the point it will kill them, they won't look like a freak telling the server, they'll look conscientious.
__________________
Callisto in NC is offline   Reply With Quote
Old 07-10-2008, 02:55 PM   #30
Executive Chef
 
Join Date: Oct 2007
Location: Mooresville, NC
Posts: 3,102
Quote:
Originally Posted by mozart View Post
OK, I'm not a lawyer, so this is just an opinion. I think Callisto is on the right track.

Chicken Oscar and Chicken Fresco, as described, would not seem to be hard to distinguish from one another, BEFORE that first bite.
Thanks mozart.

Another thing that we'll never know is did he really order fresco and not be understood. I have relatives in New York who say things and I'm like WHAT? Oscar and Fresco can sound very similar. If he had informed the restaurant of the allergy and the server heard "oscar" she could have, would have questioned the order or at least clarified. How many times have you said something and been heard saying something else? It's happened to me.

I don't think it's about what's ordered by the person either. Not all menus list each and every item in a dish. I know a lot of times at Mexican restaurants I find hidden treasures not mentioned on the menu. Sure, in this case the Chicken Oscar says "crab" but not every restaurant menu is like that.

Err on the side of caution, always tell your server about your allergies.
__________________

__________________
Callisto in NC is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



» Discuss Cooking on Facebook

Our Communities

Our communities encompass many different hobbies and interests, but each one is built on friendly, intelligent membership.

» More about our Communities

Automotive Communities

Our Automotive communities encompass many different makes and models. From U.S. domestics to European Saloons.

» More about our Automotive Communities

Marine Communities

Our Marine websites focus on Cruising and Sailing Vessels, including forums and the largest cruising Wiki project on the web today.

» More about our Marine Communities


Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -5. The time now is 02:09 PM.


Powered by vBulletin® Version 3.8.8 Beta 4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.