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Texas man sues Whataburger for nearly $1 million after burger had onions on it (www.kens5.com)

submitted 19 hours ago by Chozo@fedia.io to c/nottheonion@lemmy.world

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HOUSTON — A Houston man is suing Whataburger for nearly $1 million after he says his burger had onions on it.

Turns out he had asked for a no-onions order.

On July 24, 2024, Demery Ardell Wilson had an allergic reaction after eating a burger that had onions on it at Whataburger, court documents say. He alleges that he requested the fast-food chain to take them off before serving him the burger.

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[–] LilB0kChoy@lemm.ee 4 points 8 hours ago

Back in June 2024, Wilson also sued Sonic for including onions on a burger. That fast food company has requested a jury trial for this week.

Reading the article and only applying the information available in it, this is the individual's responsibility.

The article states he asked for a no-onion order, not that he notified the restaurant that he had an allergy and needed the onions removed. Asking for an item to be left off and notifying of an allergy are very different because allergy prep is done very specifically.

Also, they had a similar issue at a different restaurant in 2024 that they sued for. If they can demonstrate negligence, which will be hard, then maybe they have a case but if the customer didn't specify an allergy and didn't check before eating the burger, then the failure is as much theirs.

When I was a child and learning about traffic safety we were taught that pedestrians ALWAYS have the right of way over cars but it was stressed that right of way won't stop a car from killing you if you step into traffic.