We went to a familiar restaurant: me, my wife, my 9 year old daughter and 3 year old son. My kids both ordered a pineapple juice. When we were about to finish our meal, our daughter pointed out that her juice has a weird taste. Only then did we find out that they got cocktails with alcohol. By that time our son almost finished his drink. We went to the ER and he turned out to be healthy. Should we sue this restaurant?
2007-10-24 17:09:45 · 50 answers · asked by n_nitzan 2 in Politics & Government ➔ Law & Ethics
We talked to the manager, he admitted that they made a mistake. The social worker from the hospital also talked to him. I just think that this is not right, they put my kids in danger, there ought to be consequences, but I don't know if we have any chance to win or if we will only spend our money for the lawyer
2007-10-24 17:52:13 · update #1
I dont know that I would sue, but I would definitely file a complaint with the restaurant. I am the General Manager of a sports bar, and there are procedures in place to prevent those kinds of mistakes. Luckily your children werent harmed, but it should not happen again. Most states have a commission or agency that deals with the alcoholic beverage sales (in Texas its the TABC) you can file a complaint with them as well, and they will do regular checks with the establishment. The bartender on duty that day should be fired, and possibly the server as well. Good luck.
2007-10-24 17:15:04 · answer #1 · answered by LD 3 · 1⤊ 0⤋
I agree this was a terrible thing to happen and you are justifiably upset at the restaurant staff for serving alcohol to your children (especially the 3-year-old). I'm glad he didn't suffer any harm from it.
Since the medical report seems to say he wasn't harmed, it probably isn't worth suing the restaurant, particularly if you're regular customers. What are you trying to get from the lawsuit? Payment of the ER bill, punishment of the staff who made the mistake, or what? Have you tried talking to the restaurant's owner/manager and explaining what happened?
I'm sure they would be extremely unhappy to find out that their staff was serving alcohol to small children.
If they are decent humans and competent businessowners, they'll try to make things right. If not, go to whatever agency in your state regulates their alcohol license and tell THEM about it. They'll make sure the restaurant figures out how to tell the difference between a glass of juice for a kid and a fruity cocktail for an adult.
Just because something bad happens, doesn't automatically mean a lawsuit is the best response.
2007-10-24 17:23:49 · answer #2 · answered by Kathryn H 4 · 2⤊ 1⤋
That happened to my daughter when she was about 6. Other than having to put up with a wild child for a time, no harm done. Since you went to the ER, the restaurants insurance should pay for that. As far as suing for damages, other than a scare, no real harm was done. (Whoever was responsible for the drink should be out of a job though.)
Hey, if you didn't fill out an accident report with the restaurant, go back, speak with the manager and do so. Any business is responsible for accidents/injuries on their premises. The ER bill is theirs.
2007-10-24 17:19:22 · answer #3 · answered by Track1 4 · 2⤊ 0⤋
No, if the restaurant pays the ER bill and if there was no harm to your child, why would you want to? This country is sue crazy. That's why our medical bills have skyrocketed. No one is allowed an honest mistake anymore. Granted it was a stupid mistake, but I would assume that no one at the restaurant was trying to get your kids drunk. While I don't advocate giving children liquor by any means, one cocktail with a meal isn't going to do any permanent damage.
2007-10-24 17:27:07 · answer #4 · answered by amo_equus 3 · 2⤊ 1⤋
Did the ER do a blood alcohol test? If they didn't, I don't know if you could prove the allegation. Also, I don't know if you can prove that the kids suffered actual harm from the experience. (Yes, I know as a mom that it's COMPLETELY unacceptable, but legally you may have to prove that there was actual damage done.)
I think it's at least worth contacting an attorney and seeing if you have a case. Personally, I think it's more important to impress upon the restaurant staff the seriousness of the incident--and make sure it doesn't get repeated--than to make a mint from the case.
2007-10-24 17:16:57 · answer #5 · answered by Kris B 5 · 1⤊ 1⤋
I would certainly call them and they should have to pay the ER bill. If they refuse to, then I would file a lawsuit. Give them a chance to make good on the mistake, if not, sue the jerks. Keep in mind at this point it might be your word against theirs about them serving the beverage to the children. Which it could cause a problem proving it happened in the first place.
2007-10-24 17:14:35 · answer #6 · answered by repeat offender 3 · 2⤊ 0⤋
It would be a waste of time to sue because you had no damages; however, you should report this to the health department.
It is standard in the restaurant industry to have protocols to prevent this type of thing from happening. This particular restaurant doesn't seem to have protocols. An example of a protocol would be to have alcoholic beverages served in completely different glassware than non-alcoholic beverages.
Another example would be to have alcohol stored in containers that are complete different than containers for non-alcoholic beverages AND in completely different refrigerators. The health department needs to go in and investigate whether this restaurant is following standard safety protocols.
I would also report it to the police. A question needs to be asked: why was this baby served alcohol? Was it on purpose? Was it an accident? Was your waiter/waitress intoxicated while working ... or high???
2007-10-24 17:18:35 · answer #7 · answered by Dina K 5 · 2⤊ 1⤋
If you seek reparations consistent with your damages you won't need to. This resulted from neglegence, not malice, and you are out nothing but a hospital bill. Take the bill to the restaurant and get it paid for. The manager will do so without batting an eye, but will have you sign a fullfillment agreement/release of liability.
2007-10-24 17:16:15 · answer #8 · answered by SWM ISO truth 2 · 1⤊ 1⤋
Did you incur any expenses? Was there any pain? Were there any long term effects? It might be hard to prove harm. You can't win a suit like that without proving damages. I'd write the restaurant a threatening letter. maybe you will get a free meal out of the deal. Also call the Health Dept. on them.
2007-10-24 17:14:59 · answer #9 · answered by EC Expert 6 · 0⤊ 2⤋
That gives your kid mad street cred. Whenever people brag about how early they drank, he can retort, "I was drunk at three!"
You should talk to the owner. He'll feel terrible and give you a bunch of free stuff, or a discount for life. If you sue him, you'll just piss him off and drag the entire ordeal out in a court. Plus, sue-happy people are ruining this country's legal system.
2007-10-24 17:38:02 · answer #10 · answered by damlovash 6 · 0⤊ 1⤋