In Saskatoon, a judge's recent ruling sets a new precedent for the way restaurants handle guests with food allergies. The lawsuit was filed by an American tourist who visited Saskatchewan five years ago. While dining at a small-town TraveLodge Hotel, he was served cheesecake that contained nuts, despite telling the waitress that he was allergic. He sued the waitress and the former owners of the hotel, and the case was recently decided in his favor.
The 39-year-old resident of Fargo, North Dakota says that in 2006, he had traveled to the small Canadian town of Melfort while goose hunting with five friends. They stopped for lunch at a hotel restaurant, and he says that he asked the waitress twice whether the caramel apple cheesecake contained nuts. He also told her about his food allergy. The waitress, Georgina Geddes, reportedly told him that the cheesecake had no nuts, but did not confirm by reading the ingredient list on the box.
The man, Brian Martin, experienced a life-threatening anaphylactic reaction. He says that he could tell the cake contained nuts after just a single bite, and immediately headed for the closest hospital. He was recently awarded $25,000 in damages, plus $1,500 to cover the medical expenses he incurred at the hospital in Melford. After the recent ruling, Martin said “I think it was a win for all (allergic) people.” "If what we did can save one person, I would be happy with that.”
What do you think? Would you feel safe eating cheesecake if the waitress assured you that it did not contain your allergen? Is it the responsibility of the restaurant or the guest to confirm whether their food is allergen-free?
Read more about the case here: http://www.edmontonjournal.com/health/Hotel+fined+food+allergy/5070173/s...
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