Child nearly died due to allergy after visit to café in Krasnoyarsk: inaccurate mixture identified
Chatting it Over: In a PokeWoke café on the right bank of Krasnoyarsk, customers were served a dessert with an incorrect ingredient composition. Not long afterward, a child who had eaten the biscuit began choking due to an allergy.
It appears the child and his teacher, who had an allergy to nuts and asked about the chocolate brownie's ingredients before ordering, were told by the waiter that the dessert consisted of a chocolate biscuit and ice cream. The menu, however, did not list the ingredient composition, leaving the unsuspecting pair to rely on the waiter's word.
A few hours later, the child displayed severe signs of an allergic reaction: swelling, hives, and difficulty breathing. The parents provided first aid and called an ambulance. The child was hospitalized, and doctors diagnosed the reaction as allergic angioedema.
Upon reaching out to the café, the parents encountered resistance, but later, the regional branch of Rospotrebnadzor, the Russian consumer protection agency, stepped in. They reported that, under Russian law, establishments must provide consumers with information about the main ingredients in their dishes through the menu, price list, or any other accepted methods when offering services. Consequently, the café proprietor was issued a warning.
Moreover, in such situations, consumers may seek compensation for emotional distress. This process entails drafting a written complaint to the restaurant and, if they do not respond satisfactorily within ten days, seeking legal assistance to file a lawsuit with support from Rospotrebnadzor. However, to boost your chances of success, it's advantageous to:
- Gather Evidence: Collect any medical records, photos of the dessert, packing, or menus, and receipts as proof of the incident.
- Reach Out to the Restaurant: Inform the restaurant management about the incident, providing them with the evidence you have compiled.
- Seek Legal Advice: Consult a lawyer specializing in consumer rights or civil law if the restaurant does not offer satisfactory compensation. A lawyer can help you understand your rights under Russian law and guide you through the process.
- File a Lawsuit: If necessary, file a lawsuit against the restaurant for emotional distress. In Russia, consumers can sue for emotional distress under Civil Code, Article 151, which allows for compensation for emotional harm caused by a legal entity's actions.
- Attend Court Hearings: Attend court hearings with your lawyer to present your case and evidence. The court will decide the amount of compensation if the restaurant is found liable.
- Engage with Consumer Protection Agencies: Reach out to consumer protection agencies in Russia, such as Rospotrebnadzor, for assistance and guidance throughout the process.
Remember, researching similar cases, like the PokeWoke café incident, can help you understand how courts have handled such claims and the factors they consider when determining compensation. Additionally, raising public awareness about your case can potentially pressure the restaurant to take responsibility and offer compensation.
- In light of the PokeWoke café incident, it would be prudent for individuals with allergies to be mindful of their food choices, especially when dining out, and seek information about the main ingredients in their dishes through menus, price lists, or alternative means as required by law.
- For a healthier lifestyle, considering restaurants that offer health-and-wellness, fitness-and-exercise, mental-health, or healthy-cooking options could aid in maintaining dietary goals and allergies.
- If you are an aspiring chef or enjoy cooking at home, learning about various food-and-drink combinations and incorporating mental-health boosting ingredients in your recipes (such as omega-3-rich fish, dark chocolate, green tea, leafy greens) can foster both physical well-being and emotional resilience.
- Staying informed about current news in science and lifestyle sectors could help you engage in thoughtful conversations with others about food allergies, dietary choices, and the importance of consumer rights protection in various establishments.
