Allergic to food and eating out? Who is repsonsible for your safety?

August 11, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

As the awareness of food allergies increases, and the trend to dine out increases, the dangers of the two also go up. For those with food allergies dining out, or even buying prepared foods can be a gamble with their lives.

I think we’ve all been in a group at a restaurant when an individual has said to the waiter “I have a [insert the food] allergy”. With that they hope the waiter will take extra care not to cross contaminate the order while it’s in his care, and to advise the kitchen of the allergy to ensure that extra precautions are taken ensuring the ingredients are free of the allergen. One would also expect that I this care can’t be taken that the customer will be advised and can make the choice to leave, or change their orders.

A recent case in Quebec saw a man clearly tell a waiter that he had a severe seafood allergy. He was lucky to be at the table with his friend the doctor. They pair allege that the waiter made no notes about the allergy and proceeded to get their meal. The man had ordered steak tartare, a presumably fish free order. When the meal came out in the dimly lit restaurant the man took a bite, only to find out it was in fact salmon tartare. He almost immediately became very ill, and was hospitalized in a coma for days, and almost died.

His server, a 22 year old man, was arrested and may be charges with a variety of offences. The restaurant industry is clearly concerned with any precedent that may be set by this decision. Many restaurants have strict protocols regarding food allergies, repeatedly asking about them and having fixed processes throughout the order chain to ensure food is carefully handled.

Food Allergy Canada, an education and advocacy organization has stepped into this debate with their recent tweet. It is estimated that over 2.5 million Canadians have a food allergy. Restaurants must make this problem a priority but the questions of who is to blame, and who accepts what responsibilities has yet to be established in the courts.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.