Legal Inquiry – Food Allergy Incident at Serenitea

Hello
I am very sorry to hear about the distressing and dangerous experience you had at Serenitea. What you went through is serious, and you are right to seek clarification on your legal options.

Based on the details you provided, you appear to have a strong basis for legal claims against the establishment. Below is a preliminary assessment of your situation under Philippine law.

Legal Claims Against Serenitea
You have valid legal grounds to pursue a claim against Serenitea for negligence. Your claim can be primarily based on the following:​

Quasi-Delict (Negligence) under the Civil Code: Article 2176 of the Civil Code of the Philippines states that whoever causes damage to another through fault or negligence is obligated to pay for the damages done. The restaurant had a duty of care to serve food that is safe for consumption. By cooking your tofu in oil contaminated with a known allergen (seafood), they breached this duty and directly caused your injury.​

Consumer Act of the Philippines (R.A. 7394): This law protects consumers against hazards to health and safety and deceptive sales practices. The restaurant's failure to prevent cross-contamination and the staff's subsequent dismissive response could be considered a violation of your consumer rights.​

Food Safety Act of 2013 (R.A. 10611): This act aims to strengthen the country's food safety regulatory system to protect consumer health. The incident you described indicates a potential failure to adhere to mandatory food safety and handling standards.​

The fact that the officer-in-charge blamed you for not disclosing your allergy does not absolve the establishment of its responsibility to provide safe food and assistance.​

Potential Remedies and Damages
Under Philippine law, you may be entitled to claim several types of damages for the harm you suffered. These include:​

Actual or Compensatory Damages: This is to reimburse you for the financial losses you incurred as a direct result of the incident. This includes all medical expenses, hospitalization bills, medication costs, and any lost income if you were unable to work.​

Moral Damages: This compensation is for the physical suffering, emotional distress, anxiety, and trauma you experienced due to the allergic reaction and the subsequent handling of the situation by the staff.​

Exemplary or Corrective Damages: These may be awarded to punish the establishment for its gross negligence and to serve as a public example to deter similar conduct in the future. The lack of on-site first aid and the dismissive attitude of the staff could justify this claim.​

Evidence to Prepare
Should you decide to file a formal complaint, gathering strong evidence is crucial. I recommend you prepare the following documentation:

Medical Records: Obtain a detailed medical certificate from the hospital or doctor who treated you. This should include the diagnosis, the treatment administered, and the medical professional's assessment of the cause of the reaction.​

Proof of Purchase: Keep the official receipt from your transaction at Serenitea to prove you purchased the food on that date.​

All Related Expenses: Compile all receipts for medical consultations, hospital bills, medications, and even transportation costs related to the incident.​

Documentation: Write down a detailed timeline of the events, from ordering the food to the present. If you have photos of the food or your allergic reaction, these can also be valuable.​

Witnesses: If anyone was with you and witnessed the event, their account could help support your claim.​

This initial information should provide a clear overview of your legal standing. The next steps would involve filing formal complaints with consumer protection bodies like the Department of Trade and Industry (DTI) or public health authorities, and potentially pursuing a civil case for damages.​

Navigating the legal process can be complex. I can provide more personalized and detailed guidance on these steps. If you are interested, I offer in-depth consultations via WhatsApp for a reasonable fee to help you prepare your case effectively.

Please let me know if you would like to proceed. I hope you have a swift and complete recovery.