A Texas man sues Whataburger for $1M after onions in his burger, despite a no-onions order, caused a severe allergic reaction on July 24, 2024. Filed on April 25, 2025, in Harris County, the lawsuit alleges negligence, seeking damages for medical costs and distress. Learn about Demery Wilson’s case, Whataburger’s response, and food safety lessons.
On July 24, 2024, a routine burger order at Whataburger turned into a life-threatening ordeal for Demery Wilson, a Houston resident with a severe onion allergy. Now, Wilson is suing the fast food chain for nearly $1 million, alleging negligence after onions ended up in his meal despite his explicit request to exclude them. The lawsuit, filed on April 25, 2025, in Harris County, Texas, has sparked discussions about food safety and accountability in the fast food industry.
Wilson’s complaint details a harrowing experience. He ordered his meal through the Whataburger drive-thru, clearly specifying “no onions” due to his allergy. However, the burger he received contained onions, triggering an immediate and severe allergic reaction. Court documents state that Wilson suffered significant physical harm, requiring medical attention to manage the reaction. He claims the incident caused lasting health issues, emotional distress, and financial burdens from medical bills. Seeking damages between $250,000 and $1 million, Wilson accuses Whataburger of failing to ensure proper food preparation and ignoring his dietary needs, which he argues constitutes gross negligence.
Whataburger, a beloved Texas-based chain known for its customizable burgers, has denied the allegations. In its official response, the company demanded “strict proof” of Wilson’s claims, asserting that it followed standard procedures. However, this isn’t the first time Wilson has faced such an issue—or taken legal action. In 2024, he filed a similar lawsuit against Sonic Drive-In, alleging that a burger with onions caused an allergic reaction despite his no-onions request. That case raised questions about whether Wilson’s legal actions reflect a pattern, but it also highlights a broader issue: the need for fast food chains to take dietary restrictions seriously, especially when allergies can be life-threatening.
The Whataburger lawsuit, filed under cause number 2025-26392 in Harris County’s 189th District Court, is still in its early stages as of May 19, 2025. Legal experts suggest that Wilson’s case hinges on proving Whataburger’s negligence—specifically, whether the chain failed to train staff adequately or ignored protocol for handling allergy-related requests. If successful, the lawsuit could set a precedent for how fast food restaurants manage food safety, especially as food allergies affect an estimated 6% of U.S. adults, according to the CDC.
This incident underscores a critical lesson for the fast food industry: precision in food preparation isn’t just about customer satisfaction—it’s about safety. For consumers, Wilson’s story is a reminder to double-check orders when allergies are a concern, though the responsibility ultimately lies with the restaurant to get it right. Whataburger, which operates over 1,000 locations across 15 states, may face reputational damage if the case gains traction, especially among customers with dietary restrictions.
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