Gabrielle Lien Ho, 25, filed a lawsuit last week against the popular restaurant chain as well as Restaurant Brands International, the parent company of Tim Hortons and the operator of the franchise location in Winnipeg, where Ms. Ho has moved.
The complaint alleges that employees were not properly trained to handle beverage requests that required changes or substitutions.
The document also alleges that Tim Hortons failed to inform Ms. Ho about the risks of ordering through the app and that store staff did not properly review the order.
Ms Ho’s injuries were said to have been caused by adding cream to her tea instead of almond milk.
None of these claims have been proven in court and neither company has filed a response.
Tim Hortons responded via email Tuesday that it could not comment on the matter because it is before the courts. However, the company stressed that it takes allergies very seriously.
“While we remind our customers that Tim Hortons restaurants do not provide a 100% allergen-free environment, we are taking preventive measures to reduce the risk to customers with allergies,” the restaurant chain said.
The lawsuit says that on the morning of June 9, Ms. Ho ordered tea through the Tim Hortons mobile app and manually replaced the cream with almond milk.
The lady complained that there was no further information in the app that could contain special information, including an allergy warning.
Ms Ho says she drank the drink at Tim Hortons in Kildonan Place Shopping Center before heading to work at a clothing store in the same shopping center.
“After taking a single sip of tea, plaintiff, who was diagnosed with an allergy to milk proteins, immediately began to develop an allergic reaction,” the lawsuit states.
According to the document, Ms Ho then called her mother, who helped her use an EpiPen, before a colleague drove her to the nearest hospital.
On the way to the hospital, Ms. Ho’s condition “deteriorated,” the insurance claim states. She temporarily lost consciousness and was unable to enter the hospital on her own.
“Various Concordia Hospital personnel performed cardiopulmonary resuscitation for approximately eight minutes until plaintiff’s heart spontaneously began beating again,” the document states.
According to the statement, she was transferred to the intensive care unit of another hospital, where she remained until June 12.
Ms. Ho is seeking general damages for pain and suffering, psychological distress, past and future loss of income and future care costs, as well as a trust in the name of her mother, who has taken time off from work to care for her.
Ms. Ho said that after her hospitalization, she developed severe headaches, loss of vision, a tingling or burning sensation and weakness on her left side.
An MRI also revealed that Ms. Ho had signs of a neurological disorder, which can occur when the brain suffers from a lack of oxygen for a period of time, the complaint says.
The document said Ms. Ho was transferred to a rehabilitation center on June 29.
“To date, the plaintiff continues to work toward her recovery, but it is unknown whether she will make a full recovery.”
“The plaintiff has lost her independence and is in need of care. She had to move in with her mother so that she could care for her,” the document continues.
The lawsuit says Ms. Ho continues to experience fatigue, tremors and balance problems that prevent her from participating in daily activities without assistance.
Jason Harvey, Ms Ho’s lawyer, said Tim Hortons should make changes to its app so a situation like the one that happened to his client doesn’t happen again.
“If an online app sells a product that is intended for ingestion, it should be expected to provide consumers with the opportunity to inform about any allergy concerns to ensure the safety of all consumers,” he said in an email. Mail.