A man from Texas has filed a lawsuit against Whataburger, claiming that the company’s failure to comply with his request to not include onions with his meal constitutes negligent behavior on the part of the chain.
In a petition that was submitted on April 25 to the 269th Judicial District Court of Harris County in the state of Texas, Demery Ardell Wilson asserted that Whataburger “failed to act in accordance with the appropriate standard of care,” which resulted in Wilson “suffering personal injuries.”
For the purpose of the case, it is stated that on July 24, 2024, Wilson went to a Whataburger store and had a “fast-food meal” that triggered an allergic reaction due to the presence of onions in the dish, despite the fact that he had specifically requested that there be no onions present. He claims that as a consequence of this, he needed to seek medical attention.
The lawsuit did not provide any information regarding what Wilson bought; however, the Whataburger, which is the chain’s most famous burger offering, is comprised of a beef patty, mustard, tomato, lettuce, pickles, and sliced onions, all of which are served on a bun.
On the website of the business, there is a page that lists potential allergens such as wheat, soy, gluten, and other substances; however, onion is not included on the list.
In the complaint, it is said that “there was a manufacturing defect in the food at the time it left [Wilson’s] possession.” Additionally, it is stated that the food that Wilson consumed was “defective because it was unsafe to eat” and that this “rendered it unreasonably dangerous.”
According to the complaint, Whataburger acted negligently when it served Wilson a meal that had onions, and the inclusion of onions is considered to be a “manufacturing defect.”
The plaintiff is requesting “monetary relief up to one million dollars but less than two hundred fifty thousand dollars,” which encompasses damages, penalties, costs, expenditures, prejudgment interest, and any other relief that may be available. In the lawsuit, it is stated that the plaintiff “expressly reserves the right to amend this damage calculation as discovery progresses.”
According to the filing and an affidavit that was submitted to Whataburger, the plaintiff’s principal attorney is identified as Husein Hadi, who is affiliated with the Hadi Law Firm.
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Not for the first time, the plaintiff has taken legal action against a fast food business, as seen by the case that he has filed against Whataburger. In May of 2024, Hadi was in charge of representing Wilson in a lawsuit against Sonic Drive-In; however, the lawsuit was dismissed one month later.
Additionally, the action does not name the particular Whataburger location; rather, the majority of the chain’s operations are concentrated in the state of Texas, where it now has 764 stores.
Additionally, the burger company operates businesses in sixteen additional states, including North Carolina, Georgia, and Florida, among others.
