Waiter arrested for serving salmon to man allergic to seafood

[KingsGambit]

No, he didn't do it on purpose.

Should this be considered criminal negligence?

http://montrealgazette.com/news/loca...erely-allergic

[Leonhard]

No, he didn't do it on purpose.

Should this be considered criminal negligence?

http://montrealgazette.com/news/loca...erely-allergic

The bloke warned the waiter multiple times that he was allergic to fish. Not sure where the blame is though. It sounds like a dangerously understaffed place if the waiter could make a gaffe and serve fish to someone who warned him strongly that he was allergic to fish.

[KingsGambit]

The bloke warned the waiter multiple times that he was allergic to fish. Not sure where the blame is though. It sounds like a dangerously understaffed place if the waiter could make a gaffe and serve fish to someone who warned him strongly that he was allergic to fish.

Apparently he never made a note of the allergy so it seems like he wasn't paying close attention.

[Leonhard]

Apparently he never made a note of the allergy so it seems like he wasn't paying close attention.

In that case I'd say its on him. Merely firing him doesn't seem fitting enough of a punishment.

[mossrose]

Only in Canada, eh?

There is a problem with the diner if he can't tell raw salmon from raw beef.

[DesertBerean]

Searched his home????? Wow, something made them take a really close look.

[KingsGambit]

Searched his home????? Wow, something made them take a really close look.

I wonder what they were trying to find.

"Dear Diary, today I intentionally screwed up this guy's order as a joke."

[Teallaura]

No, he didn't do it on purpose.

Should this be considered criminal negligence?

http://montrealgazette.com/news/loca...erely-allergic

No.

The failure to use reasonable care to avoid consequences that threaten or harm the safety of the public and that are the foreseeable outcome of acting in a particular manner.

http://legal-dictionary.thefreedicti...nal+Negligence

Now, the restaurant might be negligent, both for the lighting and the lack of policy/procedure for such cases, but since the waiter did not put in the wrong order, there is no basis for criminal negligence.

The victim is, however, partially responsible. He knew the allergy existed, knew the lighting was dim, and should have exercised reasonable precaution (it's called a flashlight or going somewhere that has decent lighting) in addition to the actions he did take. Waiters/restaurants are NOT medical personnel and are not responsible for protecting you from all possible harm. And seriously, if it's that dangerous, then going to a surf and turf is just dumb. There are plenty of restaurants that never so much as see a fish.

[Cow Poke]

On a happier note, my wife, who is allergic to shellfish, went with me to a business meeting at, of all things, a seafood restaurant. It was a catered meal, and your choices were several kinds of seafood. When the waitress was taking orders, my wife said, "I'll just have the salad - I'm allergic to shellfish". The waitress smiled, and said, "The chef will want to speak to you - I'll get him as soon as I'm done taking the other orders at your table".

Very shortly, the chef - tall white hat and all - came to my wife and asked if she would accept roast chicken breast, explaining that her meal would be prepared on a totally separate grill, and nothing related to seafood would be allowed to touch anything in her meal. My wife politely informed him that it wouldn't be necessary, and the chef politely responded "oh, is certainly is!" He said, "with your permission, I'll prepare your meal", and he smiled and disappeared.

THAT is service!

[rogue06]

On a happier note, my wife, who is allergic to shellfish, went with me to a business meeting at, of all things, a seafood restaurant. It was a catered meal, and your choices were several kinds of seafood. When the waitress was taking orders, my wife said, "I'll just have the salad - I'm allergic to shellfish". The waitress smiled, and said, "The chef will want to speak to you - I'll get him as soon as I'm done taking the other orders at your table".

Very shortly, the chef - tall white hat and all - came to my wife and asked if she would accept roast chicken breast, explaining that her meal would be prepared on a totally separate grill, and nothing related to seafood would be allowed to touch anything in her meal. My wife politely informed him that it wouldn't be necessary, and the chef politely responded "oh, is certainly is!" He said, "with your permission, I'll prepare your meal", and he smiled and disappeared.

THAT is service!

That is the difference of a place with a chef and places that have cooks.

[Teallaura]

I wonder what they were trying to find.

"Dear Diary, today I intentionally screwed up this guy's order as a joke."

I'm not unsympathetic to the victim but putting your life in the hands of a likely under-paid, over-worked kid is risky at best. If management didn't have policies in place to deal with just this sort of contingency then the company might very well be liable. But a waiter - adult or kid - who puts in the order correctly and makes sure the item presented as his order goes to him has done due diligence. The only actual lapse would be failing to tell the cook about needing to avoid cross-contamination. That isn't criminal negligence unless he violated procedure and did so with wanton disregard. Not taking notes is not wanton disregard otherwise.

[robrecht]

Only in Canada, eh?

There is a problem with the diner if he can't tell raw salmon from raw beef.

I had steak tartar a couple of weeks ago and the raw steak is mixed in with a whole lot of other stuff so it is an understandable confusion.

[mossrose]

I had steak tartar a couple of weeks ago and the raw steak is mixed in with a whole lot of other stuff so it is an understandable confusion.

But the colour of salmon and beef is totally different. AND they smell different, too.

[robrecht]

But the colour of salmon and beef is totally different. AND they smell different, too.

The steak tartar I had did not smell like anything and you can't dintinguish colors that well in low light, aside from the fact that there were lots of different colors mixed together.

[thewriteranon]

But the colour of salmon and beef is totally different. AND they smell different, too.

Raw beef and raw fish (which is what tartare is - raw) have very little smell in my experience.