A young waiter in Canada is being investigated by police for alleged criminal negligence over serving a plate of salmon tartare to a customer who ordered beef tartare and had warned the waiter he was allergic to seafood.
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Police say the customer specified numerous times to the waiter that he was allergic to both seafood and salmon, according to a report in the Toronto Star.
Police said the customer, Simon-Pierre Canuel of Gatineau, Quebec, had to be hospitalized for several weeks, and nearly died from the allergic reaction. Canuel fell into a coma for two days and suffered cardiac arrest.
In addition to filing a formal criminal complaint, Canuel plans to launch a civil suit.
Canada’s Criminal Code allows for an arrest if there was carelessness or lack of action to ensure the health and safety of others, according to the report.
Police are recommending a criminal negligence charge.
In order to convict the waiter, the Crown would have to establish that the waiter displayed extreme carelessness toward the client’s safety, a criminal defense lawyer told the CBC.