A man from Texas is suing Whataburger after he claims the fast-food chain served him onions in his meal even though he specifically asked for no onions. The man, Demery Ardell Wilson, filed a lawsuit in Harris County’s 269th Judicial District Court on April 25, accusing Whataburger of negligence because the onions caused him an allergic reaction.
Details of the Lawsuit
Wilson says that on July 24, 2024, he ordered food at a Whataburger location and asked for his meal without onions. Despite this request, onions were included, leading to an allergic reaction that required medical care. The lawsuit does not specify what he ordered, but the chain’s popular Whataburger burger usually includes diced onions by default.
The lawsuit claims that Whataburger “failed to act in accordance with the appropriate standard of care” and that the food Wilson received was defective and unsafe to eat. This defect, according to the lawsuit, made the meal “unreasonably dangerous.”
Wilson’s legal team argues that Whataburger was negligent by including onions despite the no-onion request. They describe the presence of onions as a “manufacturing defect” in the food.
Legal Action and Demands
Wilson is asking for monetary compensation between $250,000 and $1,000,000. This amount would cover damages, penalties, medical costs, and other related expenses. The lawsuit also allows for this amount to change as the case moves forward and more information is uncovered.
Husein Hadi of the Hadi Law Firm is the lead attorney representing Wilson. The law firm has not commented on the case so far. Whataburger’s representatives also declined to comment when contacted.
Background and Context
This lawsuit is not Wilson’s first legal action involving fast food. In May 2024, he was involved in a case against Sonic Drive-In, but that suit was dismissed after one month.
Whataburger mainly operates in Texas, with 764 restaurants, but it also has locations in 16 other states, including North Carolina, Georgia, and Florida. The lawsuit does not mention which specific Whataburger location was involved.
This case highlights the importance of food safety and careful order preparation in the fast-food industry. For people with allergies, mistakes like adding an unwanted ingredient can lead to serious health issues and legal consequences. How Whataburger responds to this lawsuit may affect how restaurants handle special requests and food allergen information in the future.
