I agree that he should check, but I think that he probably didn’t on purpose out of frustration of that 30% of the time they get it wrong. The lawyer’s quote makes me thing this too:
But who is to decide if he did it intentionally? Yes the judge would, but there would never be anyway to know for sure, unless the guy admits to it. In that case he would need to be locked up in a padded room.
Yeah, that’s the hard part. He has witnesses (albeit biased witnesses) who say that he asked for it without cheese properly and they did put cheese on it. It’s next to impossible to prove that he did it on purpose unless they can prove that by someone he or his family may have talked to beforehand, during or after.
One thing I found strange is that the family called McDonalds to complain when he started having a reaction. Did they have the number with them? Did they take the time to look it up? If they had it with them, it shows a potential for premeditation because who the heck calls McDonalds, or has the number handy?. I don’t know about you guys either, but if someone I knew was alergic to cheese had just eaten some, I’d get them to a hospital first, and call to complain about it to the restaurant later. Not call the restaurant and then cut the call short when, surprise! surprise!, the alergic person starts having an alergic reaction to the alergen he ate…
But who is to decide if he did it intentionally? Yes the judge would, but there would never be anyway to know for sure, unless the guy admits to it. In that case he would need to be locked up in a padded room.
Just give me 15 minutes alone with the guy.
I kid!
I know that’s obviously the hard part. But, you never know what some lawyers could turn up.
Jason is lactose intolerant…and while it’s not debilitating, it can be rather uncomfortable. He takes steps to ask for no cheese. But I can’t recall a time when he has said, “I’m allergic to dairy, please use no cheese.” He’ll just say, “No cheese.”
And then…of course, we get his food back WITH CHEESE. B/c of Jason, I started checking all food orders before I sit down/drive away. I would say that about 60% of the time, the order is incorrect. Jason would actually rather just suffer through digestive discomfort than actually go back & have them make a NEW sandwich. (B/c pulling the cheese off still leaves that gross residue.)
If I have a problem, I go inside, b/c typically you can see into the kitchen. This way, I can at least have a presence…so they will be less likely to spit or something. (Hopefully.)
Here is a list of the ingredients in the cheese they use on their stuff. With all the processing that goes on I’m not sure how much of the original allery causing substances of milk there are left in it.
Personally I hate the taste of the stuff which is why I never eat there. This is going to be a hard one to prove because it’s a he said/they said kind of thing And if the guy thinks that only one person in the restaurant heard the order he is probably wrong. You can hear the speaker quite clearly inside even if your at the counter in most fast food joints. If the restaurant screwed up then they pay, if not then he is liable for costs. It does sound like a money grab though.
I ask for no mayo on my sandwiches (I hate mayo and they put WAY too much on their food) and I always check before eating. Hell, I check my sandwiches even if they dont normally come with mayo (dont ask me why, cuz I have no clue why I do it). Sometimes I forget to ask for no mayo, but if there is mayo on it, I just wipe it off with a napkin. If this person was so allergic to cheese, why doesnt he check every sandwich before eating it? I know I would. While he did ask for no cheese, it is his responsibility to make sure that there wasnt cheese accidentally put on the sandwich. $10 million is way too much to ask for. It sounds like they want to get rich off his allergy.
I ask for no mayo on my sandwiches (I hate mayo and they put WAY too much on their food) and I always check before eating. Hell, I check my sandwiches even if they dont normally come with mayo (dont ask me why, cuz I have no clue why I do it). Sometimes I forget to ask for no mayo, but if there is mayo on it, I just wipe it off with a napkin. If this person was so allergic to cheese, why doesnt he check every sandwich before eating it? I know I would. While he did ask for no cheese, it is his responsibility to make sure that there wasnt cheese accidentally put on the sandwich. $10 million is way too much to ask for. It sounds like they want to get rich off his allergy.
It’s like the coffee deal. He’s asking for 10 million and they;‘re going to say that unles syou punish a company like McDonalds with a huge amount, they really don’t care and won’t change their ways. Looks like they’re also going for the “this is for everyone who has had this happen” aproach. Also, in many cases like this, the company will settle rather than letting it go to court, even if they think they will win. So by asking for 10 Million, they might be trying to set themselves up for a bigger settlement.
This kind of thing makes me sick. There should be a way for the government to sue people for frivolous lawsuits, or a corporate mediation process that avoids court alltogether when it really isn’t a legal issue.
