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A Texas resident could receive a sum close to one million dollars after suing burger chain Whataburger for serving him onions in his food, despite having expressly requested that they be omitted.
The man, identified as Demery Ardell Wilson, filed the lawsuit on April 25 in the 269th Judicial District Court of Harris County, alleging negligence on the part of the restaurant.
Wilson, who suffers from an onion allergy, claims the incident occurred on July 24, 2024, when he visited an unidentified Whataburger location.
An onion allergy put her life at risk
According to the lawsuit, he requested that his order be prepared without onions, but his food still arrived with the ingredient, causing a medical reaction that required professional attention.
In the lawsuit, Wilson accuses the company of "failing to act in accordance with the appropriate standard of care," which he claims caused him "personal injury."
The document also argues that there was a "manufacturing defect in the food at the time it left the possession" of the plaintiff, and that the inclusion of onion in his dish made it "unreasonably dangerous".
Although it was not specified which dish Wilson ordered, the chain's signature burger usually contains chopped onion, along with mustard, lettuce, tomato and pickles, suggesting that it may have been a version of this product.
The plaintiff is seeking monetary compensation of more than $250,000, but less than $1 million.
However, it also leaves open the possibility of modifying this figure as the discovery process progresses. In other words, the amount could increase depending on what is revealed during the litigation.
The company denies all accusations by the customer
For its part, Whataburger denied the allegations in a legal response filed on May 16. The burger chain, which has more than 1,100 locations in 16 US states, said it would demand "strict proof" of the claims made by Wilson.
They also stated that they had no knowledge, or reason to have knowledge, that any of the articles sold to the customer were in a "defective or unreasonably dangerous condition" at the time of consumption.
One of the points that generates controversy is that, on its website, Whataburger includes warnings about common allergens such as wheat, soy and gluten, but makes no specific mention of onion, an ingredient that, although not one of the most common allergens, can cause severe reactions in sensitive people.
This case could set a precedent for how food chains address specific requests from customers with allergies, and raises questions about the responsibility of restaurants to ensure personalized food safety.
Meanwhile, the outcome of the lawsuit could cost Whataburger a considerable amount of money and potentially change its customer service policies in the future.