Most such places have a sign out front warning of such potential dangers. However, nanny state or not, people with such life-threatening allergies are expected to take the responsibility of checking on such possibilities themselves before putting themselves at risk, and most are used to doing so.
BQ: The ADA says establishments must make "reasonable" accommodations where "practical." The nature of a peanut allergy is such that the patient bears the most responsibility for assuring that the place is safe by simply asking ahead of time. The restaurant isn't required to erect a billboard announcing "Danger: peanuts inside!". Many airlines have switched to pretzels, but peanuts aren't the same to airlines as they are to a Longhorn Steakhouse. Or a ball park.
No. The peanut shells are in plain view on the floor. A business is only required to give reasonable notice of potential hazards in their business. Peanut shells all over the floor are ample warning that, well, there are peanut shells all over the floor.
No discrimination suit is possible either, because "People with peanut allergies" are not a protected class.
RichardIf a person with peanut allergies walked into a Longhorn Steakhouse without knowing, could they win a law suit?
The chain (and anyone else who follows the same idea) posts signs CLEARLY on the door, warning about the peanuts.
Anyone with a severe enough allergy that peanut dust could set them off has to take responsibility for their own safety, they would have no case.
No, they cannot sue for discrimination. Allergies are not a protected class in regards to discrimination.
No, because someone with that severe of a peanut allergy should contact any resteraunt they go to before going and be prepared with the epi.
I have a friend who has a daughter that is like that. she started having a reaction before they even got inside.
No on the discrimination, but most of those restaurants have signs on the doors warning of peanut usage inside. Plus if you see nut shells and don't leave and get sick it would appear pretty frivolous.
How do you enter a room without knowing? I guess if you were kidnapped while sleep-walking.
What? Where am I? Oh, no! Peanuts!!!
Kidnapping is illegal and morally wrong. Sue that person, please.
the only way i think they would win is if they took the peanuts and slammed there head into the bowl and got allergic but even with that i dought it
I am sorry but, the establishment that you speak off and if the person knownly entered the establishment know that and his allergy would be acting up there would be no lawsuit.
I don't see anyone getting an allergic reaction from peanuts, when they are on the floor and NOT in their mouth,,,
no and no.
I'm kind of creeped out about it, myself. The food is good, but I don't get the peanut shell thing.
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