Man Sues Whataburger^® for Nearly $1M Over Onions

A Texas man is taking on one of the Lone Star State's most iconic burger chains — and he wants nearly $1 million for what he says was a botched order that sent him to the hospital.

The Onion Incident

On July 24, 2024, Demery Ardell Wilson walked into a Whataburger^® expecting a simple, onion-free fast-food meal. What he got instead, he claims, was a side of negligence that led to a medical emergency. According to a petition filed in Texas' 269th Judicial District Court of Harris County, Wilson specifically requested no onions in his meal. Despite that, he allegedly received a dish containing onions, which triggered an allergic reaction and required medical attention.

Wilson's lawsuit claims Whataburger "failed to act in accordance with the appropriate standard of care" — an error he argues caused him personal harm, according to NBC News. Now, he's seeking monetary relief of more than $250,000 but less than $1 million — a figure that includes damages, penalties, costs, and additional legal expenses.

Not Just a Burger: Allegations of a Defective Product

The lawsuit dives into food manufacturing language, alleging that the meal served to Wilson contained a "manufacturing defect." It goes further by calling the food "unreasonably dangerous" and unsafe to consume, as reported by TODAY. This argument hinges on the idea that Whataburger's kitchen procedures should have caught the ingredient error before the food ever reached Wilson.

While the lawsuit doesn't specify exactly which item Wilson ordered, the Whataburger's signature burger includes diced onions as a standard topping. Interestingly, the chain's online allergen guide lists major allergens like gluten and soy — but not onions.

Legal History and Fast-Food Frustration

This isn't Wilson's first fast-food courtroom appearance. In 2024, he filed a separate lawsuit against Sonic^® Drive-In, though that case was dismissed a month later. Still, it hints at a pattern of frustration or ongoing health complications tied to fast-food mishaps.

His attorney, Husein Hadi of the Hadi Law Firm, has not issued a comment, nor has Whataburger responded to media inquiries. For now, the chain appears to be staying silent while the legal system sorts through the bun and pickles of the issue.

Onion Allergy or Legal Leverage?

The case raises an important question: How much responsibility should restaurants bear for customizing orders and managing allergen-related requests? If Wilson's claims are accurate, the case could serve as a wake-up call for the fast-food industry, urging better safeguards and training to prevent potentially dangerous mistakes.

On the flip side, skeptics might question whether this is an overreach — a million-dollar claim for a burger gone wrong could easily be viewed as excessive. Yet for allergy sufferers, the stakes are far higher than mere culinary disappointment.

Bigger Than a Bun

Whataburger, which operates more than 760 locations across Texas and an additional 16 states, is no stranger to high customer expectations. The brand, known for its fervent fan base and late-night drive-thrus, touts its made-to-order model. That very promise may now be under the microscope.

The implications of Wilson's lawsuit go beyond onions. They touch on food safety, personal health, corporate responsibility, and the role of due diligence in mass-market dining. Whether Wilson's claims hold up in court or not, the lawsuit sends a clear message: even small mistakes in the food business can carry hefty consequences.

And for now, all eyes — and lawsuits — are on Whataburger.

References: Texas Man Sues Whataburger for Nearly $1 Million Because Restaurant Didn't Hold the Onions, He Says | Texas Man Sues Whataburger for Nearly $1 Million Because Restaurant Didn't Hold the Onions, He Says