Q: Can I sue a restaurant for putting an item that contains dairy and chicken on their vegan menu and serving it to a vegan
Tonight I went to El Cajon, a mexican restaurant in Encinitas, CA. When I got there, I told them that I am vegan and they gave me a special laminated vegan menu, from which I ordered the mushroom enchiladas (no cheese) with green sauce. The waitress informed me that the red sauce contained chicken broth, which I thought was strange because it was on the vegan menu. It came with rice and beans on the side. I asked numerous times to make sure there was no chicken broth in the sauce and no dairy in the rice (as I am allergic) and they assured me there was not. A few minutes after I left the restaurant, I began to feel sick so I called and after checking in the back they said that the green sauce used for the enchiladas on the vegan menu does in fact contain chicken broth .. and the rice contains dairy. I went back to the restaurant and they gave me a gift card to refund my money, even though I made it clear that I wasn't going to come back. Can I sue for emotional distress?
A: You can sue for anything. But yours would not be a viable claim a lawyer would deem worth pursuing. You can try calling a lawyer or two for a free consultation, nevertheless.
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