Mom Launches Legal Battle Over Controversial Nut Sample Given to Child at Local Food Stall
10% of these parents even homeschool their children to avoid the risks of exposure that would come from going to school. Meanwhile, it’s always a good idea to carry an epinephrine auto-injector, or Epipen, when out and about if there’s any risk of being exposed to your child’s allergens.
It’s the customer’s responsibility to inform food vendors of any allergies they may have
Image credits: studioworkstock/Freepik (not the actual photo)
When it comes to suing a restaurant or business for exposing you or your children to an allergen, it’s a complicated topic. On one hand, as many readers pointed out, yes, the mom can sue for essentially anything she wants. But that doesn’t necessarily mean that she’ll be successful in court.
Prosper Law notes that it is a restaurant’s responsibility to clearly label menus and provide customers with allergy information. But it is the customer’s responsibility to inform the kitchen staff of any allergies they have, as they won’t know to be extra careful to avoid cross contamination if they aren’t aware that it could be dangerous to make a mistake.
And as far as being able to have a case in court, Prosper Law says that a lawyer must be able to prove that a restaurant failed to uphold its duty of care while providing food to a customer with an allergy. Examples of this would include mislabeling ingredients on the menu or failing to provide accurate information about allergens.
Allowing cross contamination to occur in the kitchen, even after being notified of allergies, would also fall under this umbrella. Failing to properly train staff and blatantly ignoring allergy notices would also count as breaching their duty of care.
In this particular case, however, the employee immediately provided the mother with information detailing the product’s information and which allergens are present in which item. If anyone failed to do their due diligence, it was the mom who didn’t immediately mention that her child has a severe allergy.
We would love to hear your thoughts on this situation in the comments below, pandas. Then, if you’re interested in checking out another Bored Panda article discussing food allergy drama, look no further than right here.
Later, the author responded to several comments and shared more details about the situation
Some readers even had similar stories of their own to share
Many readers noted that the mother could sue, but she probably wouldn’t have a leg to stand on in court
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