On July 24, 2024, Houston resident Demery Ardell Wilson allegedly had an allergic reaction after eating a Whataburger burger with onions in it. Wilson visited a Whataburger location where he ate a “fast-food meal.” Wilson alleges he had asked for a no-onions order beforehand. The lawsuit alleges that the onions contributed to a “manufacturing defect” and that the burger was “defective because it was unsafe to eat.” The lawsuit seeks payment between $250,000-$1,000,000 for damages, penalties, costs, expenses, and interest.
The lawsuit does not reference the specific Whataburger location, but the chain mostly operates in Texas as well as North Carolina, Georgia, and Florida.
A month earlier, in June 2024, Wilson had also sued Sonic for including onions on a burger. That case was dismissed a month later without prejudice, meaning Wilson can re-file if he wishes.
Onions are Not a Defective Product If Adequate Warning Was Given
A company is responsible for an injury caused by its product if the product was defectively designed, manufactured incorrectly, or the company failed to provide adequate warning about the dangers involved in using the product. Wilson does not allege that the onion itself was contaminated and only that he himself had an allergy. So, Whataburger, Sonic, or other restaurants would only be responsible for warning about the presence of the onion if the customer is allergic to onions.
Generally, a company’s duty to warn arises when:
The product is in some way dangerous;
The manufacturer knows or should be aware of the danger;
The danger arises when the product is used in an expected manner;
The danger is not obvious to the user.
Manufacturers must provide a warning that adequately instructs consumers of the dangers posed by the typical use of the product. The warning must be “adequate” and instruct a consumer on how to safely use the product.
Calling Whataburger or Sonic a “manufacturer” of onions might be stretching the definition. Unless they grew the onions, they hardly manufactured it. At most, the chains may have “manufactured” the burger, but Wilson specifically identifies the onion as the issue rather than the whole burger.
Onions, as food, are not inherently dangerous except as a food allergy or if they are contaminated in some way. The burger restaurants would not know about an allergy unless they are told about it. Wilson allegedly told Whataburger and Sonic about his allergy, though they allegedly put the onion in anyway. The restaurants had a responsibility to honor Wilson’s request if he asked them to remove the onions, though it’s unclear if Wilson disclosed his allergy rather than simply requesting no onions.
Finally, it’s unclear why Wilson himself couldn’t have removed the onions. Most onions are large enough for customers to see that they are there. Given Wilson’s allergy and the fact that he already had a similar incident with Sonic, Wilson should have noticed any onions that were in his Whataburger.
Do I Need the Help of a Personal Injury Attorney?
If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.
