QUESTION

Can I bring a claim against a restaurant that denied tree nuts being in their products but pecans were in it causing an allergic reaction and ER visit

Asked on Sep 08th, 2021 on Torts - Michigan
More details to this question:
I bought my boyfriend a cookie from a bakery in our town for his birthday. He is deathly allergic to tree nuts so I am always cautious when buying things from small businesses. I found a "peanut butter chocolate" cookie and asked the girl assisting me three seperate times if the cookie contained any nuts (most people do not know the difference between a peanut and a tree nut allergy). I even went as far as to state "he will die if he eats a cookie with tree nuts in them". Even with a nervous laugh and explaining verbally that cross-contamination could occur she assured me that this specific cookie did not have nuts. Well, my boyfriend ate about half the cookie before beginning to feel his allergy symptoms: congestion and throat closing. Of course, the cookie had pecans in it. So, he had to be taken to the ER - thankfully we live right across the street from a hospital to receive treatment just before entering anaphylaxis shock. He is thankfully okay , but what can I do?
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1 ANSWER

Real Estate Attorney serving Bloomfield Hills, MI
Partner at Borman-Lahti PLLC
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First, the good news is your boyfriend is ok. You should seek legal counsel regarding this matter. The injury was very serious, potentially fatal. Save your receipt from the transaction if you still have it and take pictures of the package and any remaining cookies. 
Answered on Sep 13th, 2021 at 6:48 AM

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