Legal Question in Consumer Law in North Carolina

Called the restaurant to place a "to go" order and asked what kind of fish they were putting in the item I was ordering. They told me what fish. Placed my order. Picked up my order, brought it home and started eating. Half way through the meal, I realized it wasn't fish. It was shrimp, to which I am deathly allergic! Jumped in the car with my girlfriend and raced to the ER. Spent my Friday evening in the ER, but didn't die, thank goodness. This restaurant made a mistake, but it was a mistake that nearly killed me. What kind of case to I have?

Asked on 4/09/19, 6:04 am

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Sit down with a personal injury attorney. This will not be an easy one.

NC is a contributory negligence state. This means when either party is even 1% at fault for their injuries, they cannot collect.

When a person has a food allergy they are required to take steps to make sure they don't ingest food they cannot eat.

The biggest key here is how reasonable it would have been for you to mistake shrimp for fish when you began eating.

Answered on 4/09/19, 6:11 am

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