Houston Man Sues Whataburger for Onions on Burger

Lawsuit seeks $1 million in damages over alleged allergic reaction

Apr. 9, 2026 at 2:35am

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An extreme close-up photograph of a single onion slice against a pitch-black background, the harsh flash creating dramatic shadows and texture to conceptually represent the legal dispute over food allergies.A close-up of a lone onion slice, a symbol of the legal battle over food allergies and restaurant responsibilities.Houston Today

Demery Wilson, a Houston resident, has filed a lawsuit against the fast food chain Whataburger, claiming he suffered a severe allergic reaction after the company failed to remove onions from his burger despite his request. The lawsuit seeks up to $1 million in damages, alleging that Whataburger should have reasonably known the danger of its actions.

Why it matters

Food allergies are a serious issue, and this case highlights the potential legal consequences for restaurants that fail to accommodate customer requests, especially when it comes to known allergens. The lawsuit also raises questions about personal responsibility and the duty of care that fast food chains have towards their customers.

The details

According to the lawsuit, Wilson ordered a burger from a Whataburger location in Houston in 2024 and specifically requested that no onions be included. However, the burger he received still contained onions, which he is allergic to. Wilson claims he had to seek medical care after eating the burger and is now suing the company for up to $1 million in damages. Whataburger has denied the allegations and argued that Wilson failed to exercise reasonable caution.

  • Wilson ordered the burger from Whataburger in Houston in 2024.
  • Wilson filed a similar lawsuit against Sonic in 2023, which was dismissed.

The players

Demery Wilson

A Houston resident who is suing Whataburger for allegedly including onions on his burger despite his request to leave them off, which he claims caused him to have a severe allergic reaction.

Whataburger

A fast food chain that is being sued by Demery Wilson for allegedly failing to remove onions from his burger, despite his request.

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What they’re saying

“Whataburger reasonably should have known the danger of its actions.”

— Demery Wilson, Plaintiff

“Whataburger denies the allegations and argues Wilson failed to exercise reasonable caution.”

— Whataburger

What’s next

The lawsuit is currently pending, and the court will determine whether Whataburger is liable for the alleged incident and the amount of damages, if any, that Wilson is entitled to.

The takeaway

This case highlights the importance of restaurants and fast food chains taking food allergies seriously and ensuring that customer requests are properly accommodated. It also serves as a reminder for customers to be vigilant about their own dietary needs and to double-check orders to avoid potential health risks.