Houston man sues Whataburger for nearly $1M over burger mistake — says it caused ‘serious personal injuries’

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Houston man sues Whataburger for nearly $1M over burger mistake — says it caused ‘serious personal injuries’

Demery Ardell Wilson walked into a Whataburger in July last year and claims he ordered a burger with no onions — a request he says the chain failed to fulfill in a lawsuit filed on April 25, 2025.

When Wilson took his first bite, he alleges he immediately tasted onions and did not take another bite. Wilson says he has an allergy to onions and that this bite was enough to cause an allergic reaction.

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In the petition, Wilson claims he suffered “serious personal injuries” as a result of the incident and that he “had to seek the care of medical professionals.” He is seeking damages of more than $250,000 but less than $1 million, the court filing states.

Whataburger is pushing back against Wilson’s allegations in a separate court document filed on May 16, in which the chain is seeking “strict proof” of his claims.

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How likely is it that Wilson will win?

This is not Wilson’s first swing at a fast-food chain. He filed a similar lawsuit against Sonic in 2024, also for allegedly putting onions on his burger and triggering an allergic reaction. The jury is still out on how these will go, but it’s not uncommon for chains to be sued for allergic reactions — that’s the whole reason common allergens are typically declared on menus.

Wilson’s representation is taking the angle of the mistake being a manufacturing defect, stating in the court document what he ate was “defective because it was unsafe to eat” and that “rendered it unreasonably dangerous.”

The outcome here will depend on if Wilson has clear evidence like photos of the burger, receipts with his request listed along with evidence of emergency medical care. The filing didn’t call out specifically if he was rushed to emergency, only that he had to “seek the care of medical professionals.”

If you find yourself in a similar pickle — or onion — it helps to always get pictures, a receipt and also to use fast-food chains’ official apps. Ordering through a chain’s app helps ensure customizations are logged and can make it easer to report issues, too.

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This article provides information only and should not be construed as advice. It is provided without warranty of any kind.

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