Woman Sues Thai Restaurant in Los Gatos Over Spicy Appetizer That Allegedly Caused Chemical Burns
A woman named Harjasleen Walia has filed a lawsuit against Coup de Thai, a Thai restaurant in Los Gatos, claiming that she suffered chemical burns after consuming an appetizer called Dragon Balls. According to the lawsuit filed earlier this month in Santa Clara County Superior Court, Walia experienced severe burns to her vocal cords, esophagus, and the inside of her right nostril.
Walia alleges that her throat and voice have been permanently damaged by the spicy appetizer. She seeks unspecified damages as well as compensation for medical expenses and purportedly lost earnings. The lawsuit targets not only the restaurant and its owner but also the chef who cooked the dish, the waitress who took the order, and anyone else at the restaurant who had a part in creating the Dragon Ball dish.
The incident reportedly occurred in July 2021 when Walia went to Coup de Thai with a friend. They ordered several appetizers, including the Dragon Balls, which are described on the restaurant’s website as “spicy chicken” balls with various ingredients such as mint, shallot, green onion, cilantro, kaffir lime leaf, and chili, priced at $11.
According to the lawsuit, Walia requested the dish to be made with less spice as she does not tolerate spicy foods. The server assured her that the chef would accommodate her request. However, shortly after consuming the Dragon Balls, Walia experienced intense burning sensations in her mouth, tongue, throat, and nose. She also coughed and had watery eyes and nose.
Afterward, Walia sought medical attention and was diagnosed with internal “chemical burns” caused by the chilis in the Dragon Balls, according to the lawsuit. However, no details or evidence regarding her purported diagnosis and injuries have been provided.
A supervisor at Coup de Thai stated that the restaurant had never encountered a similar incident before, with patrons claiming to be burned by a dish and needing medical attention. While acknowledging that Dragon Balls are spicy, the supervisor reiterated that they do not use excessive chili spice. However, due to the chili being inside the balls, it is not possible to make a “milder” version. Additionally, patrons who cannot handle spicy foods are typically advised to order a different dish.
The lawsuit blames Thai “bird’s eye” chili as the ingredient that allegedly made the Dragon Balls unfit for human consumption. It accuses the defendants of neglecting to consult health officials or emergency service personnel regarding the risks associated with serving the dish. Furthermore, the lawsuit claims that the defendants failed to test the intensity of the chili before, during, and after its use in the appetizer.
The chef and waitress are only identified by their occupations in the lawsuit, while the owner is named as Tanatcha Swangchaeng. Swangchaeng could not be reached for comment.
Medical experts have weighed in on the situation, stating that while Thai chilis can cause mouth and throat irritation, nausea, and heartburn, they are not associated with permanent tissue damage. Dr. Kelly Johnson-Arbor from the National Capital Poison Center clarified that Thai chilis are spicier than cayenne peppers but not as spicy as habaneros.
In addition to damages and medical expenses, the lawsuit accuses the defendants of failing to train the restaurant staff to offer dairy-based products, such as Thai iced tea, to customers who react negatively to spicy food. According to the lawsuit, Walia and her companion requested yogurt or another milk product, which was not provided to alleviate the burning sensation.
Coup de Thai has yet to respond formally to the lawsuit, and the case will continue to unfold in Santa Clara County Superior Court.