I ordered a pick up order from a restaurant that included a veggie burger. Upon eating it I noticed that it had a weird taste to it and I wasn’t a fan. My boyfriend and roommate noticed that it looked like meat so they tried it and it definitely was.
They went back to the restaurant to formally complain to find out the restaurant doesn’t even have veggie patties in stock. The cook wasn’t even aware that there was a veggie burger on the menu. So I was knowingly served a meat burger and apparently the restaurant doesn’t even have veggie patties to serve to begin with.
I immediately had a stomach ache and nausea which has lasted a day. Who knows who else has been served meat unknowingly. How would I go about taking this to court?

  • 2
    Among other things, knowing your jurisdiction would help in answering this question.
    – Peter M
    Jul 1 at 13:47
  • 2
    Do I understand correctly that one of the menu items was a veggie burger and the cook didn't know this? How do the orders get from the customer to the cook? When a customer says "I'll have a veggie burger, please" how does the cook receive an instruction to prepare a meat burger? It seems like something is missing in this story.
    – phoog
    Jul 1 at 16:11

1 Answer 1


The first step is to hire a lawyer. You have a contract, probably with the restaurant (you don't give details about how you made the order, i.e. by phone or via some online third party). Somebody may have misrepresented the burger, and the legal question is, how did they represent the item? Statements like "contains no meat" are pretty clear, "all natural earth friendly" is pretty unclear. Then what remains is proving that they advertised a meatless burger, that you ordered one and they agreed to provide one, and that they actually provided a meat burger.

This would be an ordinary breach of contract matter in that they didn't do what they said they would. It could escalate to fraud if you can prove their intent to deceive. The problem is that this could have been an uninformed web-designer or phone-answerer who honestly believed that they (still) have such an item available.

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