In a story grabbing headlines across Texas, a man is suing the popular fast-food chain Whataburger after claiming he suffered an allergic reaction from a burger that included onions—despite specifically asking for none.
What Happened at Whataburger?
In July 2024, Demery Ardell Wilson, a Texas resident, walked into a Whataburger to order a meal like many others do every day. According to Yahoo News, he ordered a burger without onions. However, when he received his food, the burger had onions on it.
Wilson claims he had an allergic reaction after taking a bite and needed medical treatment. Now, he’s suing Whataburger for negligence and is seeking over $250,000 but less than $1 million in damages.
What Is the Lawsuit About?
According to NBC News, Wilson’s lawsuit says Whataburger:
- Failed to meet proper safety standards
- Was negligent in how the food was prepared
- Served a meal that included a “manufacturing defect” because it contained onions, which he explicitly requested to be left out
Wilson is arguing that the chain’s mistake put his health at risk and caused personal injury that could have been avoided.
Wilson Has Sued Before
Interestingly, this isn’t Wilson’s first legal action against a fast-food restaurant. Earlier in May 2024, he sued Sonic Drive-In in a separate case. That lawsuit was later dismissed, but it shows a pattern of legal disputes involving food service errors.
Why This Matters
This case highlights the importance of food allergy awareness and how critical it is for restaurants to follow customer requests—especially when allergies are involved. Even a small mistake can lead to serious health problems and legal consequences.
Food safety protocols are taken seriously in the industry, and any case involving allergy-related injuries may lead to stricter rules and staff training across fast-food chains.
What’s Next?
The court will review whether Whataburger’s actions amount to negligence and if Wilson’s claims are valid under Texas law. The case is still unfolding, and no decision has been made yet.
Whataburger has not made a public comment as of now.