Lawsuit!!!

Discussion in 'General Discussion' started by Jeremy.B, Jul 8, 2008.

  1. Jeremy.B

    Jeremy.B Formerly Leader Blackout TFW2005 Supporter

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    Man dies after being served wrong dish at Ruby Tuesdays

     
  2. Predaking

    Predaking Well-Known Member

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    Since there's no way of knowing if the man informed the waiter of his allergic reaction to seafoods prior to ordering the dish any lawsuits filed against the restaurant will not have merit. Still a very tragic event.
     
  3. Jeremy.B

    Jeremy.B Formerly Leader Blackout TFW2005 Supporter

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    Possible, but you know how our society is...
     
  4. Team Jetfire

    Team Jetfire Pop-POP!

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    Crab has a very distinct taste. How did he eat the whole thing and not notice...
     
  5. NIDARAM12

    NIDARAM12 Robot art guy

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    Ruby Tuesdays. I doubt there was enough to taste it and even so it was probably covered in salt and Food Network inspired spices :p 
     
  6. rattrap007

    rattrap007 Insert witty comment here TFW2005 Supporter

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    The things people will do to get out of paying for the check

    That or a bite of it killed him..
     
  7. Max-prime

    Max-prime Supreme-Commander

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    Tragic that a person lost their life but I dont see any fault of the resturante if the man didn't notice the crab or didnt tell the waiter that he's allergic to it.
     
  8. Superion33

    Superion33 Banned

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    Unless the menu had explicity said there was crab in the dish, the option to sue is valid. If he was aware of his allergy, the only thing he has to go off of is the menu description. I think as a person who is aware of their allergy, they have to be on the constant lookout for whatever they are allergic to. I know someone is a strict vegetarian, and she ALWAYS asks if there is meat in the dish before she orders. And its very surprising how many innocuous dishes have meat in them.
     
  9. Omnius

    Omnius Well-Known Member

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    He really should have asked - my girlfriend is allergic to nuts and she always asks if we're at a restaurant, just to be sure, regardless of what the menu states.
     
  10. bandron

    bandron seeker jets' nightmare

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    If you are that allergic to something it stands to reason that even if you could taste it you might not know what it is, seeing as you've avoided it all your life. If you were allergic to beans how would you know what pintos tasted like? Same basic thing.
     
  11. Seth Buzzard

    Seth Buzzard R.I.P. Buzzbeak Content Contributor

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    Crab is hella good and makes for awesome TV.
     
  12. Deceptichage

    Deceptichage Decepticon Land Pirate

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    I have an allergy to crab and shrimp. The cooking smell makes me want to leave the kitchen. The taste makes my mouth itch. It's too bad. I used to love it as a kid.
     
  13. EvaUnit13

    EvaUnit13 REBUILD

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    My friends and I were at my friend's birthday party this weekend and he's allergic to nuts. We went to a restaurant and he forgot to as if what he ordered had nuts in it. They thought that the burger and fries he ordered had some peanut seasoning so they had to take it back and his dad made a whole scene about him asking and stuff

    The man probably asked, but the waiter was the one who gave him the wrong order so it's the restaurant's fault either way
     
  14. nkelsch

    nkelsch Do you know this Icon? TFW2005 Supporter

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    I am not sure they have a case but will probably get a settlement out of it.

    Unless you can show criminal negligence, I am not sure they can do anything.

    If he is that allergic, then he probably can't even eat food that has shared cooking surfaces and such and would probably have to inform *EVERYONE* when he eats out if they could possibly serve what he is allergic to because it is simple for someone to cook a crab dish and share a tool and get reside or parts moved across. Many restaurants have procedures to avoid this but you gotta *KNOW* if you have a food allergy.

    And I mean Chicken Oscar is a pretty common dish. It is basically chicken with a big pile of crab meat on top. It isn't hidden. It is right there on top. It is pretty hard to not notice a pile of 'something' on top of your chicken.

    [​IMG]
     
  15. jorod74

    jorod74 Psycholagnist (Ret.)

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    we have a week-long peanut festival nearby. every october, for a week, if you are allergic to peanuts/nuts, don't come here. the parade and all the businesses throw around so much that it clutters the streets and things.
    funny, though, at the festival, vendors give away tonnes of tobacco products, which makes me wonder what kills more each year? nut allergies or Levi Garret chewing tobacco?

    i think they ought to sue RT; that place (here, anyway) has such a poor record of good customer service that it seems it was no accident he died of crab.
     
  16. Superion33

    Superion33 Banned

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    Well, according to that article, the man DID ask for a chicken dish without crab. So if that is true, then the option of suing is DEINITELY valid. I mean, what more can a person do other than make sure to order something without the offending ingredient? What more could a reasonalbe human being be expected to do short of walking into the kitchen and making sure that the chef doesn't add in said offending ingredient?

    I really feel sorry for the guy now. If he really did make all effort to make sure there was no crab in his dish and was still served crab, thats really very very bad on the part of the restaurant. I guess this will help tighten up the practices at Ruby Tuesdays.

    And that is why we have lawsuits. So we don't become a 3rd world country.
     
  17. Kickback

    Kickback Proud father Administrator Super Mod News Staff

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    Wrongful death covers this. They will win in a civil suite, hands down.
     
  18. Darkravager

    Darkravager Zombie Hunter

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    This guy's last words: "What is this extra stuff with my chicken? It's delicious!"
     
  19. tikgnat

    tikgnat Baweepgranaweepninnybong. TFW2005 Supporter

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    But surely if you are severely allergic to something, its your responsibility to ensure your own safety as well?

    Don't get me wrong, whats happened is tragic and sad, and if the restaurant did in fact serve him the wrong dish (which at this stage, is debatable) then of course they are to blame, but surely the man in question should have noticed his dish was the wrong one?

    I mean, if things could KILL ME if I ate them, would I not think to check my food properly? I just feel this was entirely avoidable by the man being more aware. Personal responsibility and all that.

    Edit.
    I compare it to driving for instance. If I drive around normally, I could still get in a collision with someone else driving like a loon. Sure its their fault and everything, but if it could have been avoided by me driving more carefully and observing their crazy driving, surely I should have?
     
    Last edited: Jul 9, 2008
  20. nkelsch

    nkelsch Do you know this Icon? TFW2005 Supporter

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    1. It is not a crime to serve someone the wrong dish. People do not have the right to the right dish. It is not a criminal law anywhere at this time.

    2. When you order, you don't order 'Please bring me a chicken dish with no crab' since chicken and crab are rarely paired anywhere and I can count the recipes that have chicken and crab on one finger. "Ordering a barbecue chicken" when happens not to have crab and "I have crab allergy so dear god make sure nothing I eat comes in contact or has crab on it" are two different things. EVEN IF you ordered something without crab or shrimp, it is very possible and common that your food may come in contact with crab or shrimp in the kitchen. So unless you explicitly say something how are they to know? My brother-in-law is allergic to shrimp and all he has to say is 'I am allergic to shrimp and I see you serve shrimp on your menu" and 99% of restaurants say "ok, we will cool your food in an isolated grill"

    I don't care if it is the worst service in the world at "Barf's diner", no one has the right to get what they ordered and mistakes are not criminal. Depending if the guy actually said something makes all the difference.

    Oh what?

    http://consumerist.com/tag/ruby-tue...ruby-tuesday-says-man-ordered-fatal-crab-dish

    I am sorry, if he ordered something totally different, 4 things should have happened:

    1. He should ahve seen that he didn't get what he ordered.
    2. He should have seen the giant pile of crabmeat on top of his chicken.
    3. His wife should have seen the giant pile of crabmeat on top of his chicken.
    4. With an acute allergy like he apparently had, The smell of crab should have started his symptoms pretty much immediatly the second the plate was set in front of him.

    And again, there was no mention to any staff of any food allergy.

    At some point there is a level of personal responsibility. I don't believe the wife as even if RT screwed up as bad as she said, I don't understand how he ate the crab. If it was something where cooking residue did him in, then maybe, but unless you tell them about your allergy I can't say there is anything RT could have done.

    EDIT: Read another article that said they had secured a Lawyer before the incident. There is speculation that they were going to have an "allergic reaction" to try to get money out of Ruby Tuesday but instead he died mistakenly opposed to just getting sick. Not sure if it is true, but it is as plausible as this version of the story.
     
    Last edited: Jul 9, 2008

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