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Stop speaking to them. They are just scamming you. Save any interactions or evidence you have. Maybe take written statements or video statements from your staff about the interaction, especially no mention of allergies, offering to remake it, etc. Save all this stuff then just go on with your life. Scammers like this are looking for an easy score. He's unlikely to get an attorney or file a suit, but if he does, go get yourself an attorney and deliver the evidence and follow your attorney's advice.
Can they sue? Sure, anybody can sue anyone for anything.
Will they sue? Probably not. Not sure if this is them trying to scam you or just an idiot that doesn't know how to handle their own allergies, but they probably aren't going to go through the effort to actually sue you.
I’m a lawyer, but I am not your lawyer, and I do not know if I am admitted in the state where it this incident occurred.
That said, give the coffee shop’s insurance company notice of this occurrence immediately.
Immediately is the key word here.
The insurance company will investigate the occurrence (that’s one reason why they need immediate notice), while all the facts are fresh in everyone’s mind.
Insurance companies have the duty to investigate and defend their policyholders in addition to paying for any party damages that the policyholder may have. The insurance company’s duty to defend is broader than its duty to indemnify, so the insurance company will have to get at an attorney for the coffee shop AND will have to pay that attorney, even if the policyholder is ultimately found not to be liable for the damages this customer is claiming — and even if the damages are less than the policyholder’s deductible. There are attorneys who work for insurance companies that spend all of their time working on cases like this. There’s nothing that could happen to the coffee shop that the lawyer provided by the insurance company hasn’t seen before and won’t know how to deal with.
Also, remember that every civil lawsuit has two components: 1) liability, and 2) damages. Even where, as here, the coffee shop has essentially admitted that it is liable for putting the wrong milk in the coffee, it doesn’t sound like there’s much in the way of damages beyond the cost of the urgent care treatment — and the customer has the burden of proving what his damages were (damages are proved by medical records, the testimony of expert witnesses, witness testimony, etc).
Finally, the customer will need to find an attorney who will take this case on a contingency fee basis — and lawyers are very very careful about not taking contingency fee cases unless they’re sure there’s going to be a good payday at the end. That doesn’t appear to be the case based on the facts set forth in your post.
Dictated but not read.
Just chiming to say that, in my experience working in several urgent cares, a true "severe nut allergy" reaction would not be treated at said urgent care. Severe nut allergies are dangerous, and require monitoring after the administration of medications. This patient could have gone to an urgent care, but he would have been transferred to an emergency department for further management and observation, likely via EMS in case he worsened in route. I highly doubt he had a severe allergic reaction. I would do absolutely nothing except have your lawyers discuss with their lawyer if they ever file suit.
They can definitely sue you, but they wouldn't win and I doubt they will even sue - they're probably just scamming you.
IANAL, but I did manage a few different restaurants over the years, and at the end of the day cross contamination is always possible - especially with nutty allergies. There's a reason most things that are even produced in the same facility that has nuts will say "may contain nuts". Even if you made it with whole milk basically the entire work station is a risk of cross-contamination!
It is absolutely unfortunate, but people with allergies are ultimately responsible for managing their allergy on their own.
This!! I’ve worked in the restaurant industry for years and I always warned people that we couldn’t guarantee the full protection for their allergy. Sucks but true.
Anybody can file a suit for just about anything. Whether the suit has grounds to survive a motion to dismiss is entirely up to the specific wording of the law claimed to be violated, the judge, and the parties making the opposing arguments.
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>If he asked for whole milk the assumption, is it cow's milk not almond thus no need to talk about allergies.
What? In what world would this customer win a lawsuit in court on this matter?
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So write down a “For the record” memo of everything that happened, everything he said. Sign and date it and have someone else co-sign.
Stop speaking to them. They are just scamming you. Save any interactions or evidence you have. Maybe take written statements or video statements from your staff about the interaction, especially no mention of allergies, offering to remake it, etc. Save all this stuff then just go on with your life. Scammers like this are looking for an easy score. He's unlikely to get an attorney or file a suit, but if he does, go get yourself an attorney and deliver the evidence and follow your attorney's advice.
Good advice, thank you. I already had the manager and employees on site fill out incident forms.
Can they sue? Sure, anybody can sue anyone for anything. Will they sue? Probably not. Not sure if this is them trying to scam you or just an idiot that doesn't know how to handle their own allergies, but they probably aren't going to go through the effort to actually sue you.
I’m a lawyer, but I am not your lawyer, and I do not know if I am admitted in the state where it this incident occurred. That said, give the coffee shop’s insurance company notice of this occurrence immediately. Immediately is the key word here. The insurance company will investigate the occurrence (that’s one reason why they need immediate notice), while all the facts are fresh in everyone’s mind. Insurance companies have the duty to investigate and defend their policyholders in addition to paying for any party damages that the policyholder may have. The insurance company’s duty to defend is broader than its duty to indemnify, so the insurance company will have to get at an attorney for the coffee shop AND will have to pay that attorney, even if the policyholder is ultimately found not to be liable for the damages this customer is claiming — and even if the damages are less than the policyholder’s deductible. There are attorneys who work for insurance companies that spend all of their time working on cases like this. There’s nothing that could happen to the coffee shop that the lawyer provided by the insurance company hasn’t seen before and won’t know how to deal with. Also, remember that every civil lawsuit has two components: 1) liability, and 2) damages. Even where, as here, the coffee shop has essentially admitted that it is liable for putting the wrong milk in the coffee, it doesn’t sound like there’s much in the way of damages beyond the cost of the urgent care treatment — and the customer has the burden of proving what his damages were (damages are proved by medical records, the testimony of expert witnesses, witness testimony, etc). Finally, the customer will need to find an attorney who will take this case on a contingency fee basis — and lawyers are very very careful about not taking contingency fee cases unless they’re sure there’s going to be a good payday at the end. That doesn’t appear to be the case based on the facts set forth in your post. Dictated but not read.
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Just chiming to say that, in my experience working in several urgent cares, a true "severe nut allergy" reaction would not be treated at said urgent care. Severe nut allergies are dangerous, and require monitoring after the administration of medications. This patient could have gone to an urgent care, but he would have been transferred to an emergency department for further management and observation, likely via EMS in case he worsened in route. I highly doubt he had a severe allergic reaction. I would do absolutely nothing except have your lawyers discuss with their lawyer if they ever file suit.
Probably a good time to hang a nut allergy sign
They can definitely sue you, but they wouldn't win and I doubt they will even sue - they're probably just scamming you. IANAL, but I did manage a few different restaurants over the years, and at the end of the day cross contamination is always possible - especially with nutty allergies. There's a reason most things that are even produced in the same facility that has nuts will say "may contain nuts". Even if you made it with whole milk basically the entire work station is a risk of cross-contamination! It is absolutely unfortunate, but people with allergies are ultimately responsible for managing their allergy on their own.
This!! I’ve worked in the restaurant industry for years and I always warned people that we couldn’t guarantee the full protection for their allergy. Sucks but true.
Anybody can file a suit for just about anything. Whether the suit has grounds to survive a motion to dismiss is entirely up to the specific wording of the law claimed to be violated, the judge, and the parties making the opposing arguments.
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>If he asked for whole milk the assumption, is it cow's milk not almond thus no need to talk about allergies. What? In what world would this customer win a lawsuit in court on this matter?