Burger order leads to lawsuit: What went wrong at Whataburger?
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For many people, a quick trip to a favorite fast-food restaurant is a convenient way to grab a meal.
But for one Houston man, a simple burger order has led to a serious health scare—and now, a legal case that’s getting attention beyond Texas.
The lawsuit centers around a special request, a food allergy, and the consequences of a potentially dangerous oversight.
Demery Ardell Wilson of Houston has filed a lawsuit against Whataburger, claiming he experienced a severe allergic reaction after being served a burger that included onions—despite specifically asking for none.
According to the complaint, Wilson required medical treatment following the incident and is now seeking more than $250,000 in damages for what he describes as “serious personal injuries.”
Whataburger has denied the allegations and is requesting formal proof that their product was responsible for the reaction.
The company has declined to comment further, citing the pending nature of the lawsuit.
A familiar legal path
This isn’t Wilson’s first legal dispute over food allergies.
He previously filed a similar lawsuit against Sonic Drive-In, also related to a burger served with onions after he requested they be excluded.
That case, like the one involving Whataburger, remains unresolved, with both restaurants denying liability.
Food allergies and fast food: a growing concern
While onions are not among the top eight most common allergens, they can still cause serious reactions for some people.
According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 10 adults in the US has a food allergy, and reactions can range from mild irritation to life-threatening anaphylaxis.
For older adults, food allergies can be especially risky.
Age-related health conditions may increase sensitivity, and symptoms can become more severe or harder to manage over time.
Also read: Crumbs of concern: Allergy fears spark major recall of a pantry staple
How do restaurants handle allergy requests?
Most national chains have systems in place to accommodate special orders, including those related to food allergies.
Orders placed in person, through an app, or at a drive-thru are typically flagged for kitchen staff to prepare accordingly.
But despite these protocols, mistakes can still happen—especially during busy hours or when multiple people handle the same order.
What are your rights as a customer?
If you have a food allergy, you have the right to request that your meal be made without specific ingredients.
However, many restaurants include disclaimers stating they cannot guarantee an allergen-free meal due to shared preparation areas and equipment.
In lawsuits like Wilson’s, the customer generally needs to prove three things:
Because many fast-food chains take steps to prevent cross-contact, proving negligence can be challenging in court.
Also read: Trader Joe’s urgently recalls popular salad over allergy scare—could this item be in your fridge?
Tips for safer dining when allergies are a concern
Here are some simple steps you can take to reduce the risk when eating out:
While the lawsuits may seem unusual at first glance, they raise important questions about food safety, staff training, and how seriously restaurants take special requests.
For customers with food allergies, even one mistake can have serious health consequences.
For restaurants, it’s a reminder of the responsibility they carry when serving the public.
Read next: Protect your family now: This popular bread could lead to potential injuries!
Have you ever had a mix-up with a food allergy or special order? How do you stay safe when dining out, especially with dietary restrictions? Share your experiences and advice in the comments—we’d love to hear from you.
But for one Houston man, a simple burger order has led to a serious health scare—and now, a legal case that’s getting attention beyond Texas.
The lawsuit centers around a special request, a food allergy, and the consequences of a potentially dangerous oversight.
Demery Ardell Wilson of Houston has filed a lawsuit against Whataburger, claiming he experienced a severe allergic reaction after being served a burger that included onions—despite specifically asking for none.
According to the complaint, Wilson required medical treatment following the incident and is now seeking more than $250,000 in damages for what he describes as “serious personal injuries.”
Whataburger has denied the allegations and is requesting formal proof that their product was responsible for the reaction.
The company has declined to comment further, citing the pending nature of the lawsuit.
A lawsuit filed against Whataburger has sparked discussion about food allergies and how fast-food chains handle special dietary requests. Image Source: YouTube / KVUE.
A familiar legal path
This isn’t Wilson’s first legal dispute over food allergies.
He previously filed a similar lawsuit against Sonic Drive-In, also related to a burger served with onions after he requested they be excluded.
That case, like the one involving Whataburger, remains unresolved, with both restaurants denying liability.
Food allergies and fast food: a growing concern
While onions are not among the top eight most common allergens, they can still cause serious reactions for some people.
According to the Centers for Disease Control and Prevention (CDC), approximately 1 in 10 adults in the US has a food allergy, and reactions can range from mild irritation to life-threatening anaphylaxis.
For older adults, food allergies can be especially risky.
Age-related health conditions may increase sensitivity, and symptoms can become more severe or harder to manage over time.
Also read: Crumbs of concern: Allergy fears spark major recall of a pantry staple
How do restaurants handle allergy requests?
Most national chains have systems in place to accommodate special orders, including those related to food allergies.
Orders placed in person, through an app, or at a drive-thru are typically flagged for kitchen staff to prepare accordingly.
But despite these protocols, mistakes can still happen—especially during busy hours or when multiple people handle the same order.
What are your rights as a customer?
If you have a food allergy, you have the right to request that your meal be made without specific ingredients.
However, many restaurants include disclaimers stating they cannot guarantee an allergen-free meal due to shared preparation areas and equipment.
In lawsuits like Wilson’s, the customer generally needs to prove three things:
- That the restaurant was informed of the allergy or special request
- That the request was not followed
- That the error directly caused harm
Because many fast-food chains take steps to prevent cross-contact, proving negligence can be challenging in court.
Also read: Trader Joe’s urgently recalls popular salad over allergy scare—could this item be in your fridge?
Tips for safer dining when allergies are a concern
Here are some simple steps you can take to reduce the risk when eating out:
- Be specific: Clearly explain your allergy when placing an order and confirm that staff understands the request
- Inspect your food: Always check your order before eating. If something looks off, don’t hesitate to ask for a remake
- Ask questions: Inquire how the food is prepared and whether it’s possible to avoid cross-contact
- Carry medication: If you have a severe allergy, bring your prescribed medication (such as an EpiPen) just in case
- Simplify your order: Choosing meals with fewer ingredients may reduce the chance of an error
While the lawsuits may seem unusual at first glance, they raise important questions about food safety, staff training, and how seriously restaurants take special requests.
For customers with food allergies, even one mistake can have serious health consequences.
For restaurants, it’s a reminder of the responsibility they carry when serving the public.
Read next: Protect your family now: This popular bread could lead to potential injuries!
Have you ever had a mix-up with a food allergy or special order? How do you stay safe when dining out, especially with dietary restrictions? Share your experiences and advice in the comments—we’d love to hear from you.
