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topic #12753811

Subject: "so who's at fault here "

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esb225
Member since Nov 12th 2003
41415 posts

Tue Mar-17-15 10:52 AM

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"so who's at fault here "

http://www.nydailynews.com/news/national/minn-teen-family-sues-eatery-death-pancakes-article-1.2151905

in short kid/family asked if they were dairy free highly allergic... ate the pancakes appears to not be dairy free he forgets his epi pen and inhaler ... dies 3 days later

now if you are THAT allergic i would think u keep that pen on you at all times no?

I got a good life man

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so who's at fault here [View all] , esb225, Tue Mar-17-15 10:52 AM

Subject	Author	Message Date	ID
Parents (and kid's) fault	John Forte	Mar 17th 2015	1
yikes. the restaurant is definetly at fault.	Deadzombie	Mar 17th 2015	2
nah. A small town diner isn't a "clean room"	John Forte	Mar 17th 2015	4
it's a restaurant. food handling is their business.	Deadzombie	Mar 17th 2015	6
see #8	John Forte	Mar 17th 2015	10
don't tell me what to do.	Deadzombie	Mar 17th 2015	12
well they should have just said that...	ndibs	Mar 17th 2015	23
both	legsdiamond	Mar 17th 2015	3
Damn thats sad....more on the place of business	tomjohn29	Mar 17th 2015	5
vehemently disagree	John Forte	Mar 17th 2015	8
but what if the manufacturer of the epi-pen messed up the ingredients	Deadzombie	Mar 17th 2015	11
drugs ARE processed in clean-rooms	John Forte	Mar 17th 2015	14
restaurants ARE supposed to know what food they are serving.	Deadzombie	Mar 17th 2015	16
and they should not be held liable for cross-contamination	John Forte	Mar 17th 2015	18
^^^^exactly	MiracleRic	Mar 17th 2015	20
the restaurant went through 'great length' to clean up the space.	Deadzombie	Mar 17th 2015	24
So, you don't understand how severe food allergies work. Gotcha	John Forte	Mar 17th 2015	25
this aint all about food allergies. it's also about misinformation.	Deadzombie	Mar 17th 2015	28
no, it isn't	John Forte	Mar 17th 2015	32
fine.	Deadzombie	Mar 17th 2015	59
even if the restaurant is liable, the parents are far more liable	SoWhat	Mar 17th 2015	29
would it make a difference if this wasn't a 'small town diner'	Deadzombie	Mar 17th 2015	34
yes.	SoWhat	Mar 17th 2015	37
i don't understand how the scale of the restaurant plays a part.	Deadzombie	Mar 17th 2015	42
see reply #35	SHAstayhighalways	Mar 17th 2015	43
this america. aint food safety a federal standard?	Deadzombie	Mar 17th 2015	46
DOH regulations are determined by the locality	BabySoulRebel	Mar 17th 2015	47
food safety and allergy accommodation is not the same thing.	SHAstayhighalways	Mar 17th 2015	49
cool.	SoWhat	Mar 17th 2015	48
that doesn't make them at fault though	MiracleRic	Mar 17th 2015	19
Would you put your life in the hands of a minimum wage chef and waitress...	Buddy_Gilapagos	Mar 17th 2015	7
I like that dig at underpaid service workers. AWESOME! n/m	DaHeathenOne76	Mar 17th 2015	51
This is so sad. I pray that God will comfort all parties involved	Case_One	Mar 17th 2015	9
Been a vegan for a while, and I wouldn't have eaten at that place...	8-bit	Mar 17th 2015	13
parents fault	Kim Jong Trill	Mar 17th 2015	15
parents.	SHAstayhighalways	Mar 17th 2015	17
parents' fault.	SoWhat	Mar 17th 2015	21
so sad...but knowing people that need the pen...they carry at all times ...	R A i n	Mar 17th 2015	22
The diner. If they hadn't said it was diary free	ndibs	Mar 17th 2015	26
if the parents had had the kid's epi pen the kid wouldn't have died.	SoWhat	Mar 17th 2015	30
the child would also be alive if the parents weren't lied to.	Deadzombie	Mar 17th 2015	31
no b/c even if they were lied to the pen would've saved him.	SoWhat	Mar 17th 2015	33
no. if the parent's weren't lied to, they would've passed on the meal.	Deadzombie	Mar 17th 2015	36
k.	SoWhat	Mar 17th 2015	39
how do you know they were lied to?	SHAstayhighalways	Mar 17th 2015	40
how do you know they were lied to?	PROMO	Mar 17th 2015	45
staff members said the pancakes were dairy free. they're not.	Deadzombie	Mar 17th 2015	50
how do you know they weren't dairy free? did you make them?	PROMO	Mar 17th 2015	54
tbh the form of transmission was never specified	BabySoulRebel	Mar 17th 2015	57
what's the point of the 'dairy free' and 'gluten free' labels if it's	Deadzombie	Mar 17th 2015	60
the labels just put ppl on notice	SoWhat	Mar 17th 2015	65
A lie requires an attempt to deceive. It probably was an honest mistake.	Buddy_Gilapagos	Mar 17th 2015	80
they were not lied to	esb225	Mar 17th 2015	61
It should limit liability....	ndibs	Mar 17th 2015	38
in Minnesota, parents may not recover from the restaurant	SoWhat	Mar 17th 2015	64
thanks, I didn't consider this either	BabySoulRebel	Mar 17th 2015	66
Epi pens don't always save lives,	ndibs	Mar 17th 2015	82
n/m	PROMO	Mar 17th 2015
kid/family. if the restaurant went out of their way to give him...	PROMO	Mar 17th 2015	27
as much as I wanna ride for the diner	BabySoulRebel	Mar 17th 2015	35
i'm w/the diner b/c the parents should've had the pen w/them	SoWhat	Mar 17th 2015	52
once again, we're >< with it.	PROMO	Mar 17th 2015	55
oh I feel you 100%, I'm just basing this on my own experience	BabySoulRebel	Mar 17th 2015	63
yes/no.	SoWhat	Mar 17th 2015	67
you learn something new everyday, thank you kindly.	BabySoulRebel	Mar 17th 2015	68
thanks	Ashy Achilles	Mar 17th 2015	72
the diner	lazyboi	Mar 17th 2015	41
if the teen was with his friends...teen's fault	labcoat	Mar 17th 2015	44
If the allergies are that serious, why put your life on the line...	PimpTrickGangstaClik	Mar 17th 2015	53
Makes me think of the time I worked in a restaurant....	The Wordsmith	Mar 17th 2015	56
what was the fallout of this incident? was the restaurant responsible	Deadzombie	Mar 17th 2015	58
Man, I was merely a dishwasher and wasn't privvy to that info.	The Wordsmith	Mar 17th 2015	62
parents at fault	luminous	Mar 17th 2015	69
teen	lfresh	Mar 17th 2015	70
Family for not having the pen.	Phenomenality	Mar 17th 2015	71
i agree 100%	labcoat	Mar 17th 2015	73
^	Ted Gee Seal	Mar 17th 2015	78
i'm totally having pancakes for dinner.	SoWhat	Mar 17th 2015	74
I had 3 perfect banana flax seed ones for brunch	ndibs	Mar 17th 2015	83
pancakes..............PANCAKES! (c) Cabin Fever	ShinobiShaw	Mar 17th 2015	75
. . .	SoWhat	Mar 17th 2015	76
If you have an allergy and walk out the house without an epipen	Very-Effortless	Mar 17th 2015	77
The cook could've taken all kinds of precautions and an issue...	The Wordsmith	Mar 17th 2015	79
You can not meals at restaurants if you have serious allergies	handle	Mar 17th 2015	81

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