HomeSoutheast Asian AmericanThai restaurant sued over spicy dish ‘unfit for human consumption’

Thai restaurant sued over spicy dish ‘unfit for human consumption’

A customer is suing a Bay Area Thai restaurant for negligence and intentional infliction of emotional distress, KRON4 reports.

Harjasleen Walia, who dined at Coup de Thai, located in Los Gatos, Calif., in July 2021 alleges that the restaurant’s “Dragon Balls” appetizer was so spicy that it gave her chemical burns on her vocal cords, nostrils and esophagus, which required her to seek medical attention, according to SFGATE

The lawsuit, filed on July 3 of this year with the Santa Clara County Superior Court, reads, “Harjasleen Walia was poisoned, made ill and burned necessitating medical care. Her throat and voice has been damaged. She incurred permanent injuries and will forever be damaged to her body. These consequences are the direct result of defendants serving to her foods unfit for human consumption.”

According to the lawsuit, upon ordering the Dragon Balls and noticing that the menu marked them as spicy, Walia asked the waiter for a less spicy version of the dish due to her low spice tolerance. The server allegedly agreed to tell the chef to use less spice, though according to SFGATE, a supervisor who spoke to the Bay Area News Group said that Dragon Balls cannot be made less spicy and so if a customer has a low spice tolerance, they’re typically encouraged to order a different dish.

After Walia began eating the dish, the lawsuit says, “Almost immediately…[she] felt her entire mouth, the roof of her mouth, her tongue, her throat and her nose burn like fire.” She asked for yogurt, but the waiter allegedly said the restaurant had none available and did not offer another dairy alternative.

“Given no alternative,” the lawsuit reads, “plaintiff drank an entire glass of coconut water and more water, but the burning did not subside.”

There are 25 defendants in the case, including the restaurant owner, chef, server and anyone else who “influenced, designed, prepared, or participated in creating the Dragon Balls dish.” Walia is asking for compensation for her medical expenses, loss of earnings, costs of the suit and other damages.

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