Yes completely true, unless they advertise the kitchen as nut free, it is not. I think the fault lies with the victim on this, with that serious of an allergy he should know that nothing is nut free unless they specifically advertise as such. unless the restaurants had a note in the menu or a sign in the restaurant “Nut Free” I also think this is one of those cases, did not have an epi pen. Which I do not understand, if eating something could kill you, you dam well should be carrying the only thing that can save you.
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