Q: My husband died from anaphylactic shock at a restaurant after the server assured us the dish was nut-free, but the kitchen used almond oil in preparation, with the manager later saying “oil doesn’t count as nuts” when defending their practices. What damages can we recover?

Restaurant ignorance about allergen content in oils causing anaphylactic death typically results in settlements between $2 million and $5 million, as establishments serving customers with disclosed allergies must understand that nut oils contain the same deadly proteins as whole nuts. Your husband’s careful disclosure and specific assurances received create detrimental reliance, making the restaurant fully liable when their dangerous misconception about oils directly caused his death from promised safety. The manager’s statement that “oil doesn’t count” proves institutional ignorance rather than individual server error, demonstrating systematic failure to understand life-threatening allergies while undertaking responsibility for customer safety. Discovery will reveal training protocols, whether allergen information was available, previous incidents, and how widespread the misconception about oils was among staff and management. Your husband’s final moments involved recognizing betrayal as his throat closed despite precautions, experiencing terror of anaphylaxis while epinephrine couldn’t reverse massive exposure from oil throughout the dish. Restaurant liability insurance typically covers negligence causing customer death, while admitted ignorance about basic allergen facts often motivates substantial settlements avoiding trials where preventable deaths from food service incompetence generate large verdicts. The entirely preventable nature through basic allergen education makes your husband’s death particularly tragic, as understanding that almond oil contains almond proteins would have saved his life.

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