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Quebec Waiter Arrested After Seafood Puts Allergic Customer in Coma


DonLever

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As a non supervisor, the only time I report a co worker is for safety violations. Years ago I had to tell the boss that a waitress had deliberately tampered with a customer meal. She got upset with a customer's attitude, took his meal in the back and dumped pepper into it. Made the additional mistake of telling me, I take back the meal, making talk about a kitchen mistake and then go tell the boss. Waitress was all "ohh yay I guess I shouldn't have done that."

 

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10 hours ago, 'NucK™ said:

Thanks for the article. This guy must be really pissed off to be spending money on a lawyer.. Not looking at your food closely if you have a serious allergy is contributory negligence and they won't be able to prove that he was served that on purpose.

 

I do hope there wasn't any collusion going on with the waiter/chef though.. 

They're not trying to. Negligence means accidental. 

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2 hours ago, Tre Mac said:

I reckon like 80%+ of kids eat peanut butter sandwiches for lunch at some point so why should the majority be denied such a delicious lunch because literally one kid has an allergy to it?  There are a lot of food products that people are allergic too such as milk, how asinine would that be to ban yet it's not that far off.  It's beyond a slippery slope, maybe kids that have pets should be home schooled because they carry pet dander on their clothes.  Or maybe society as a whole should just 'nut up'.:ph34r:

 

Studies have shown that introducing infants to small amount of peanuts can actually eradicate the allergy altogether, either that or raise your kid in a bubble and stop being a burden to other people.

 

http://time.com/3719341/peanut-allergy-cure-treatment/

 

 

 

 

This is a tough one. In elementary school, especially in the primary grades, there are a number of kids who are deathly allergic to peanuts. At that age they are certainly unable to take the necessary precautions to protect themselves so a ban is necessary to ensure their safety. Have you ever seen a kid eat a pbj sandwich? It gets everywhere, on their face, hands, and the table, not to mention whatever they touch after like playground and sports equipment, so the possibility for cross contamination is really high. As a parent of kids who love them I understand how hard it is to find suitable lunches they can eat but in this case we make it work.

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I sort of side with the waiter.

We don't know for sure that the customer did convey the message to the waiter. That is the customer's story. For all we know he didn't mention it. Restaurants can be very hectic as well, and may have very well been a very simple mistake on a busy evening.

As for the customer. ..Texture, smell, the look of the dish didn't tip him off? Pen in the car when you are at a restaurant? He should have had that on him regardless in case a small contamination happens in the kitchen he isn't aware of.

I understand he is upset and went through hell, but you have to do your own due diligence if you have an allergy you have spent your life avoiding. You are used to this daily, the server is not.

I am sure the waiter is beating himself up.

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There is blame to be laid on both sides I think. I currently work as a cook. We get lots of people with gluten allergies. Sometimes very severe. Unfortunately, it is almost impossible to prevent all cross contamination even though we wash our hands and use separate cutting boards for these people. The server did sound kind of nonchalant but he wouldn't need to talk to the cooks because when he entered the order into the machine he probably typed in that the guest had a seafood allergy. Our machines have an option for putting in allergies but the servers will often tell us verbally as well to be on the safe side.

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3 minutes ago, buddhahoodlum said:

There is blame to be laid on both sides I think. I currently work as a cook. We get lots of people with gluten allergies. Sometimes very severe. Unfortunately, it is almost impossible to prevent all cross contamination even though we wash our hands and use separate cutting boards for these people. The server did sound kind of nonchalant but he wouldn't need to talk to the cooks because when he entered the order into the machine he probably typed in that the guest had a seafood allergy. Our machines have an option for putting in allergies but the servers will often tell us verbally as well to be on the safe side.

As a chef, how do you personally feel if someone gets sick from your cooking?  The patron must take FULL responsibility for their health, and choose restaurants and meals where there is zero chance of them reacting.  

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Arresting someone for this is bizarre and I highly doubt this is something that needs to get the state involved. There just isn't a public interest in pursuing this as a criminal case.

 

However, the customer has every right to sue the business (generally speaking, if someone screws up at their job, it's the company that is liable not the employee).  Tort law requires businesses take customers "as they are" so the customer has a very good case to sue and be awarded damages.  There may be some apportioning of guilt like 10% to the customer and 90% to the business but it's not as though there is anything egregious here that would cause the judge to force one party to pay the other's legal fees.

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I'd like to open a restaurant where the cutlery is made from pretzels (for their gluten content), tables are polished with peanut oil, there are no vegan or vegetarian options and every plate must have a crab leg, prawn and a piece of candied salmon on it.

 

I'd call it Hyper-Allergic. If customers ever asked to mod their dish in any way or informed us of an allergy, they would be escorted out the back door and lit on fire.

 

Yes, I worked as a waiter and bartender through my early twenties. I hate people now.

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7 minutes ago, luckylager said:

I'd like to open a restaurant where the cutlery is made from pretzels (for their gluten content), tables are polished with peanut oil, there are no vegan or vegetarian options and every plate must have a crab leg, prawn and a piece of candied salmon on it.

 

I'd call it Hyper-Allergic. If customers ever asked to mod their dish in any way or informed us of an allergy, they would be escorted out the back door and lit on fire.

 

Yes, I worked as a waiter and bartender through my early twenties. I hate people now.

If people want their food prepared a particular way, they should cook it themselves.  

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47 minutes ago, Alflives said:

As a chef, how do you personally feel if someone gets sick from your cooking?  The patron must take FULL responsibility for their health, and choose restaurants and meals where there is zero chance of them reacting.  

I'd feel really gutted.

 

Everyone needs to keep this in mind- this may have been completely the fault of the customer. We don't have all (any?) of the facts yet. where I work we've had customers tell the server they have a food allergy/preference AFTER they've been served the food. This has actually happened more times then you might think. Some people probably forgot or are absent-minded but I'm sure there's 1 or 2 who do it on purpose to be @$$holes. So let's not point fingers and condemn anyone until we know more.

 

 

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4 minutes ago, buddhahoodlum said:

I'd feel really gutted.

 

Everyone needs to keep this in mind- this may have been completely the fault of the customer. We don't have all (any?) of the facts yet. where I work we've had customers tell the server they have a food allergy/preference AFTER they've been served the food. This has actually happened more times then you might think. Some people probably forgot or are absent-minded but I'm sure there's 1 or 2 who do it on purpose to be @$$holes. So let's not point fingers and condemn anyone until we know more.

 

 

I assume most chefs would feel badly.  Isn't it proper to be thankful for the food someone prepares for you to eat, whether at home or elsewhere?  

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Someone said before, and I think made some great points... guy just 'happens' to leave his EpiPen in his car,  just 'happens' to be with a Doctor, and manages to order tartare (ugh) which can appear the same as what he is allergic to, especially in a conveniently dimly lit restaurant. Maybe some coincidences here, an awful lot of them mind you. But without hearing both sides. Can't put any fault on the server. 

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13 minutes ago, Alflives said:

Isn't payment giving thanks?  

No...I'm not even going to explain the difference because that's just a ridiculous.

 

It doesn't matter if the customer should have noticed the difference between tartar and salmon. He informed the server of his allergies and the server dropped the ball by ordering the wrong dish or grabbing someone else's. 

 

From the article:

 

Quote

drinking alcohol with other guests.

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4 minutes ago, HerrDrFunk said:

No...I'm not even going to explain the difference because that's just a ridiculous.

 

It doesn't matter if the customer should have noticed the difference between tartar and salmon. He informed the server of his allergies and the server dropped the ball by ordering the wrong dish or grabbing someone else's. 

 

From the article:

 

Nope.  Payment is a form of thank you.  And the food allergy guy should stay home, and prepare his own meals.  I can be blunt too. B)

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6 minutes ago, Alflives said:

Nope.  Payment is a form of thank you.  And the food allergy guy should stay home, and prepare his own meals.  I can be blunt too. B)

Payment is not a form of thank you. Payment is compensation for the cost of ingredients and the labour that went into making and serving your meal. Try saying "thanks for the meal" instead of paying the next time you go out to eat. Let me know how that goes down. 

 

I was a cook for five years. I made meals for people with death allergies on a regular basis. Know how many people the restaurants I worked at put in a coma? None. Because the front and back of house staff did their f***ing jobs properly and made sure that didn't happen. 

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