QUESTION
What should I do regarding pizza company intentionally hiding pepper under the cheese when they know I am allergic to it?
Asked on Aug 17th, 2013 on Personal Injury - Ohio
More details to this question:
A pizza company has had all my information. When I call, I have it on my profile saying I have an allergy to the peppers. I say it as well as they write it on the box. 9 times out of 10 they admit they always have to remake my pizza. This time I had just ordered my pizza, got it in the car, looked in the box and it was in the box. The had to remake my pizza. I checked the box and did not see one in the box, went home and as soon as I bit into the pizza I bit right into a pepper. They had hidden one under the cheese. I went down there right away. They admitted it was negligence on their part. On a different occasion, I was told by one of their employees that it wasn't their problem that I had an allergy. Plus one other location called me the peppercini bitch in front of my fiance. I am beyond upset with how I have been treated and this time they intentionally put it in my pizza and I had to go to the hospital.
9 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You could sue for whatever damages you suffered. Unless there was permanent damage, it would probably be a small claim. You might also consider not ordering pizza from them in the future.
Answered on Aug 27th, 2013 at 11:41 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You may have an action for damages due to their negligence and failure to follow instructions. I would also find another pizza parlor to deal with.
Answered on Aug 27th, 2013 at 11:41 AM
Buy your pizza elsewhere. If they are the only shop in town, make your own at home. It's very simple, and you'll enjoy it more knowing you have total control what you put on it. You can even make your own sauce so you know what goes into it. Life is too short to sweat fast food issues.
Answered on Aug 27th, 2013 at 11:41 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Make your own pizza at home, it's not hard to do.
Answered on Aug 27th, 2013 at 11:41 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Drop the pizza routine. They don't have to remake their business because you have an allergy. Eat a bagel.change your diet.
Answered on Aug 27th, 2013 at 11:41 AM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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You should have a claim for one or more of the following causes of action: (1) negligence; (2) fraud; (3) battery; (4) negligent or intentional infliction of emotional distress; (5) breach of contract; (6) defamation. Please see a lawyer as soon as practicable.
Answered on Aug 27th, 2013 at 11:40 AM
If it was intentional, you can seek actual and punitive damages. If it was negligence, then u can only really recover for actual damages. It would be best to discuss this case with a lawyer because it sounds like you likely do have some kind of legitimate case. Many law firms, such as my own, offer free consultations to discuss your case.
Answered on Aug 27th, 2013 at 11:40 AM
Ronald A. Steinberg
Well, if you can PROVE that they have knowledge of your allergy, and if you can PROVE that you could not see the pepper when you bought and opened the pizza (before you ate it), then you may have a case for negligence.
Answered on Aug 27th, 2013 at 11:40 AM
The surest and most practical solution is to stop ordering pizza or at least ones that normally have hot peppers in them. You know that company does not comply with your requests so why continue to use them? You can complain to upper management but you will have to closely inspect each pizza you buy from them. I doubt any attorney would handle your case; you could sue them in Small claims Court for the medical bills and pain and suffering alleging that they are negligent, but are not likely to collect very much aside from the medical bills.
Answered on Aug 27th, 2013 at 11:40 AM