Can I be sued for throwing family out of my Restaurant for failing to control their 3.5 year old little brat?

Question

Brain Dead parents threatening to sue after I threw them out of my Resturant for not controlling her bratty 3 1/2 year old .....the brat was running all over the place....You should NOT allow children to just run freely in a resturant. It is not only a DANGER to them, but to other customers
Just remember, having a child is a choice not a law. Part of chosing to have children is the loss of some choices that go with it.

An adult can't go into a movie, coffee shop or restaurant and run arond and scream, why should a child?
Say goodbye to Starbucks and hello to McDonalds...for a while.

.... Just as people with babies who can't find baby sitters should get used to missing out on going to the movies. Chalk it up to the sacrifices of parenthood. Rather than force your child to adapt to your grown-up environment, why not spend more time in theirs? Next time, try the park or the zoo.
In cities around the country, coffeehouses are putting parents on notice Restraunts now ban kids

Answer 1

Let them sue. You will most likely win anyway. If these hooligans can't control their children, maybe they should stay home with them. My mother would NEVER tolerate such behavior, and that's an example of how the kids are a reflection of the parents.

Somewhat related story: I worked at a radio station where the general manager thought it was perfectly fine to bring his three kids to work every day (they're fundamentalists and homeschool their children.) While it was his station, it was made clear by the clients that kids don't belong in a radio station. He tried the same thing at the station where I am now, only to be told that either the kids leave or he doesn't come back. He didn't go back, needless to say.

Answer 2

I sure hope they won't be able to! Parents like that are awful... it's not that you can't take kids out to dinner, if parents know anything about raising them it's usually okay. If I can make a suggestion, don't ban kids altogether but simply make it a rule 'no unattended children' or something like that... that should help.

My parents took me out to dinner when I was little (and not at McD's, lol, I don't think they've ever gone to McD's!). But they took some things for me to play with and when I was too loud they told me to calm down. And they certainly didn't let me run around! The only time I made a racket is once at a Chinese restaurant when the food took a *VERY* long time to get to the table, I took a spoon, banged the plate and yelled 'Chinese, Chinese!' But that was an excessive wait, well over half an hour.

Answer 3

You can be sued for almost anything, but that doesn't mean the suing party wins. Your point is well taken and I think you do have to consider the majority of your patrons who were disturbed by this. Most of us have seen restaurants have signs that say "We reserve the right to refuse service to anyone". Those harken back to the days when it was often used for racial purposes, but in most cases where patrons are drunk and disorderly or create a problem, the right of the owner/Mgr to request they leave and have them do so has been upheld.

I don't have any clue how this relates to unruly kids and this is a growing and disturbing problem. I bet they don't sue, most folks who do, never threaten, they just do it. Likewise, most who don't are often the loudest to shout that they will. People have an obligation to assure their kids behave around others and in public.

If you really think they are suing, then get your lawyer to look into it.
He should be advised of the incident anyway. Your lawyer is the best person to asvise you as they know state and local laws and federal ones to.

Best of luck to you and My HAt is Off to you!

Answer 4

I agree with you 100%. Parents should not take their children everywhere they go. Kids aren't adults, and shouldn't be taken places where others might be annoyed. When the kids learn manners they should be allowed in family-friendly places.
I don't know if those parents can actually sue, as the restaurant owner, I think you have the right to do what you did. I assume you have the standard sign posted saying "we reserve the right to refuse service to anyone". Going into a restaurant and behaving badly is not a right.

Answer 5

i agree with you. i am a server in a fancy restaurant, so we aren't used to dealing with children, and it always seems very inappropriate when someone brings one in for a nice dinner and all the kid does is scream or cry or whine. I had a 2 yr old at a table once that whined and cried and said "NO" every freakin time i took a plate off the table. I think if you can't control your kid, and they are going to ruin someone else's dinner you have very right to kick their butts out the door. As the owner I believe you have the right to refuse to serve anyone, so i don't think there is going to be much legaal basis behind their claims...especially if you can get witnesses claiming the kid was running around almost tripping your servers......because you're right....that's not only a danger to your employees, but to the kid as well.

Answer 6

Restaurants almost always have signs posted that state that they have the right to refuse service to anyone. The are being completely ignorant. Unfortunately too many parents are under the belief that their "Little Darlings" should be able to run or scream where ever they are. If my son did that he would be in MAJOR trouble. A friend of mine has a SIX YEAR-OLD that was doing this in a restaurant. She would quietly tell her to sit down. She was screaming in my 2 year-old's ear and he got mad and hit her. Normally I would have gotten after him, but I pretended to not see it. If that was me I would have hauled her into the bathroom and swatted her butt and told her to either sit down nicely at the table or she was going to lose the use of certain toys at home.

Answer 7

I certainly hope you don't get sued. I couldn't agree more with you. Your obligation is to keep ALL of your customers happy. I can't imagine a customer being happy with a child running around everywhere. I know I wouldn't be. I have friends in Japan who own a restaurant which doesn't allow people under the age of 12 to enter. They said it was because they didn't want a child ruining the eating experience of their other customers.

Answer 8

As a form of harrassment, in an attempt to get some fast money out of you in hopes that you will not want to pay a lawyer to defend yourself in Court, they can sue you for just about any reason under the sun in Civil court.

I hope you resist such tempation and let these people know that you will defend yourself vigorously in Court if necessary.

Legally, they haven't got a leg to stand on because you are a private establishment and can toss anybody you don't want in your place of business. Especialy if you had reason to believe their behaviour was damaging to your business by way of making the atmoshpere in the place unpleasant for other customers.

Answer 9

Do you know how often in this country someone threatens to sue someone else? It is the easiest thing to say, they get it from watching too much TV. What they don't see is how expensive it is to sue. A few letters and a call from an attorney, and before you know it, $2,000-$4,000 easy.

It's easy to sue. Even easier to threaten. Having a valid case- a completely different ball game.

Answer 10

No you cant be sued. Its simple to tell the judge if you do go to court that the child was roaming freely and you were looking out for the childs protection. But some people would tell you that there are other places that do that. Be carefull. If you get sued appeal it.