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Quebec Waiter Arrested After Seafood Puts Allergic Customer in Coma


DonLever

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9 hours ago, Jimayo said:

No.  This is food prep.  Is he a professional who went to school for food prep?  I seriously doubt it.

 

The professional he is relying on is the waiter, who did not act professionally.

Waiters are not trained in medical conditions to my knowledge. Doctors are.

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1 hour ago, nucklehead said:

Waiters are not trained in medical conditions to my knowledge. Doctors are.

Yes, but waiters are trained to relay allergy instructions to the kitchen.  Asked or not we are supposed to let the food prep team know of the allergies(even &^@#ing fast food instructs their cashiers to relay that info to the kicthen), and this jackass didn't even when requested to.

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21 hours ago, Jimayo said:

Yes, but waiters are trained to relay allergy instructions to the kitchen.  Asked or not we are supposed to let the food prep team know of the allergies(even &^@#ing fast food instructs their cashiers to relay that info to the kicthen), and this jackass didn't even when requested to.

I was in the industry years ago and there was really no regulation. Your training was whatever you received from the owners. Although most of it was excellent IMHO. If there is  formal training required for the job now I wouldn't know. I my opinion though restaurant workers are horribly trained in the finer points of service as compared to my day. And realize this happened in Quebec and their standards are bound to be entirely different from the rest of the country.

 

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1 hour ago, nucklehead said:

I was in the industry years ago and there was really no regulation. Your training was whatever you received from the owners. Although most of it was excellent IMHO. If there is  formal training required for the job now I wouldn't know. I my opinion though restaurant workers are horribly trained in the finer points of service as compared to my day. And realize this happened in Quebec and their standards are bound to be entirely different from the rest of the country.

 

I woudn't necessarily call it formal but the places I worked had us read some safety stuff before having someone walk one through one's duty and in every single one, one of the big safety issues was relaying allergy information to the kitchen staff.

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A criminal negligence conviction in this case would be hard to prove. 

 

The Crown would have to establish that the waiter was criminally negligent despite zero evidence of 'mens rea' (a guilty mind)

 

They could try to go after him on the basis of 'actus reus' (a guilty action) but it would be hard to establish because the waiter's actions themselves weren't outrageous, he simply made a mistake. 

 

Considering the seriousness of the diner's allergies,  the defense could reasonably maintain that an allergic reaction could have been possible even if he was served the beef, as there is no guarantee that those foods may not have been in contact with each other at some time.

 

Not to mention the fact that there is no reasonable way the wait staff can anticipate the seriousness of the allergy. How many times has a customer used the hyperbolic statement 'I am deathly allergic to...' when asked about allergies?  Some people are indeed allergic in this manner,  but many more are not and there's no way to tell the difference. 

 

The only way the waiter could have avoided the possibility of a reaction 100% would have been to deny this man service, and I doubt that would have gone over well.

 

 

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  • 1 month later...

Update time................

 

 

http://www.cbc.ca/news/canada/montreal/salmon-sherbrooke-allergy-compensation-1.3760339

Quebec waiter won't be charged for serving salmon to man with seafood allergy

Police had previously said server could face charges, stirring debate over rights, responsibilities

 

A Sherbrooke, Que., waiter who served salmon tartare to a man with a seafood allergy won't be charged with criminal negligence.

Police had previously said the server could be charged.

Simon-Pierre Canuel, a 34-year-old Gatineau resident, was treated for anaphylactic shock after eating the food on Aug. 9. 

In a document obtained by Radio-Canada, the office of Quebec's director of criminal and penal prosecutions said it had determined that the waiter did not commit a criminal infraction.

The case generated heated debated about the rights and responsibilities of restaurant staff, and those of people suffering from food allergies. 

 

 

 

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25 minutes ago, Shift-4 said:

Update time................

 

 

http://www.cbc.ca/news/canada/montreal/salmon-sherbrooke-allergy-compensation-1.3760339

Quebec waiter won't be charged for serving salmon to man with seafood allergy

Police had previously said server could face charges, stirring debate over rights, responsibilities

 

A Sherbrooke, Que., waiter who served salmon tartare to a man with a seafood allergy won't be charged with criminal negligence.

Police had previously said the server could be charged.

Simon-Pierre Canuel, a 34-year-old Gatineau resident, was treated for anaphylactic shock after eating the food on Aug. 9. 

In a document obtained by Radio-Canada, the office of Quebec's director of criminal and penal prosecutions said it had determined that the waiter did not commit a criminal infraction.

The case generated heated debated about the rights and responsibilities of restaurant staff, and those of people suffering from food allergies. 

 

 

 

As it should be.  Honestly if you have food allergies don't eat out. 

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18 hours ago, Tre Mac said:

As it should be.  Honestly if you have food allergies don't eat out. 

While I agree that charging the employee was excessive, I can't agree with the above sentiment.

 

Personally, I would advise those with allergies to be more diligent when eating out. Assume that a mistake might be made and take the necessary precautions.

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1 hour ago, RUPERTKBD said:

While I agree that charging the employee was excessive, I can't agree with the above sentiment.

 

Personally, I would advise those with allergies to be more diligent when eating out. Assume that a mistake might be made and take the necessary precautions.

Well it's easy for me to say as I don't have any food allergies.  But the onus should most definitely be on the customer, you are responsible for what goes in your mouth unless it's some trendy Japanese restaurant where they spoon feed you like a newborn(which I am sure exist). 

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