Food Allergy: Waiter Arrested

So, in Canada right now a waiter was recently arrested after one of his customers had an anaphylactic attack after being served Salmon. Now, the customer made the waiter aware of his allergy and ordered beef tartar not salmon tartar. With the dressing both plates look very similar in dim lighting. The waiter did not make any notes regarding the allergy and did not inform other staff. The customer failed to bring his epipen into the resturant with him knowing he has a severe allergy. 
Should wait staff be held legally accountable or was the customer at fault for not being more careful?

Vote below to see results!