Well Crud...what Do I Do To Protect Myself In The Future

Business By rharris524 Updated 17 Jul 2009 , 12:23pm by cylstrial

rharris524 Posted 17 Jul 2009 , 1:15am
post #1 of 15

I got a call from a woman who has a nut allergy who ate one of my cupcakes and had a reaction...I'm not sure which she ate but in the display were vanilla, chocolate, and chocolate-peanut butter...She didn't ask about ingredients and the peanut butter ones were clearly labeled as such. Common sense should be not to eat the peanut butter ones or even cupcakes sitting in the same display as the peanut butter ones but you can't rely on common sense. What do I need to do to prevent the next person from taking legal action?

14 replies
PinkZiab Posted 17 Jul 2009 , 1:23am
post #2 of 15

Post a large sign right on top of the bakery case that states that all items are prepared with equipment that also prepares/processes peanut and tree nut products and you cannot guarantee ANY of your products to be allergen free. It may not prevent someone from taking legal action (anyone can start a legal action for any reason), but it may cover your a$$ against them if they do.

In my opinion, this woman should have known better and was being careless with her own health.

sweet-thing Posted 17 Jul 2009 , 1:25am
post #3 of 15

Just being nosy...is she actually taking legal action over this?

rharris524 Posted 17 Jul 2009 , 1:27am
post #4 of 15

Not that she said...hoping not

Doug Posted 17 Jul 2009 , 1:28am
post #5 of 15

the challenge:

it's not just a matter of sitting next to....

it all started when you first mixed the batter up.

Some people are SO allergic, that even w/ normal cleaning, enough residue remains that other products become reaction inducing as well. (like how I didn't have to touch poison ivy to break out. I could be anywhere downwind of it and have a reaction)

so, to expand on PinkZiab's good advice: also tell all customers who will take your product and serve it elsewhere that it is not allergen free and they need to tell their guests that.

CakesbyCindi Posted 17 Jul 2009 , 1:33am
post #6 of 15

Ditto PinkZiab..

Anyone who has a "KNOWN" food allergy should be responsible enough to check ingredients. Children excluded...

artscallion Posted 17 Jul 2009 , 1:41am
post #7 of 15
Quote:
Originally Posted by rharris524

Not that she said...hoping not




Did she indicate why she was calling to tell you this? Was she implying that it was your fault?

In my opinion, if her allergy is that severe she should know better than to eat things from a bakery that doesn't specifically claim to be nut-free. Most places are not nut free and to assume a place is safe just because it doesn't have a sign warning that they aren't is, as pinkziab, taking a risk with her own health.

FullMoonRanch Posted 17 Jul 2009 , 1:50am
post #8 of 15

As someone with a nut allergy, I agree with PinkZiab and CakesbyCindi. It is that persons responsibility to ask about allergens or NOT EAT IT if they are not sure! MANY times I have skipped dessert because I could not be sure of the ingredients. If the allergic person is a child, then it is the parent's responsibility. PinkZiab's idea of the sign posted is a good one! Maybe even stickers on your boxes if you could to cya. I don't know how expensive that would be though.

cylstrial Posted 17 Jul 2009 , 1:52am
post #9 of 15

Maybe she's just trying to scam you or something. Because I guarantee you that someone who is deathly allergic to nuts isn't going to eat something from your store without asking if you process nuts. Because they will have to go to the hospital. And if she saw that there were PB cupcakes sitting there, she would have run out the door...not chosen to buy a cupcake (I know it wasn't the PB one that she bought).

Get your sign up everywhere!

rharris524 Posted 17 Jul 2009 , 2:47am
post #10 of 15
Quote:
Originally Posted by artscallion

Quote:
Originally Posted by rharris524

Not that she said...hoping not



Did she indicate why she was calling to tell you this? Was she implying that it was your fault?

In my opinion, if her allergy is that severe she should know better than to eat things from a bakery that doesn't specifically claim to be nut-free. Most places are not nut free and to assume a place is safe just because it doesn't have a sign warning that they aren't is, as pinkziab, taking a risk with her own health.




I didn't speak to her, the owner of the restaurant where my display is did. Through second hand info, she told him that her lips went numb after eating a cupcake. She didn't threaten to sue or anything but she complained that we didn't have a sign up warning her (other than the fairly large one stating "Dark chocolate peanut butter chip"...anyhow...I'll be there tomorrow morning with a sign in tow icon_rolleyes.gif

step0nmi Posted 17 Jul 2009 , 3:53am
post #11 of 15

I know someone with a peanut allergy...he checks EVERYTHING he eats even if it's from fast food places. he asks to see the ingredient labels like his mom had taught him because it is complex.

this lady was being careless with her health. She should know better but a sign would help matters

step0nmi Posted 17 Jul 2009 , 3:55am
post #12 of 15

I know someone with a peanut allergy...he checks EVERYTHING he eats even if it's from fast food places. he asks to see the ingredient labels like his mom had taught him because it is complex.

this lady was being careless with her health. She should know better but a sign would help matters

goddessa12 Posted 17 Jul 2009 , 4:04am
post #13 of 15

I know it's not the same thing, but i have a severe food allergy to raw tomatoes, and i check everything i eat, and avoid it if i'm not sure. If she has a nut allergy she is either a moron or trying to pull something.
I was a manager at Steak and Shake and people would pull the food allergy card all the time trying to get free food

goddessa12 Posted 17 Jul 2009 , 4:08am
post #14 of 15

Sorry, double posted

cylstrial Posted 17 Jul 2009 , 12:23pm
post #15 of 15
Quote:
Originally Posted by goddessa12

I know it's not the same thing, but i have a severe food allergy to raw tomatoes, and i check everything i eat, and avoid it if i'm not sure. If she has a nut allergy she is either a moron or trying to pull something.
I was a manager at Steak and Shake and people would pull the food allergy card all the time trying to get free food




Exactly! My friend is deathly allergic to horses. He won't go anywhere near a stable. People who know they have a problem make sure about things.

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