Last night my husband and I took our 15 month old out to dinner. Half way through, I ordered her an orange juice cup. She had a couple of sips, an my being the mom I am, I decided to taste it. Thank God I did. There was alcohol in it. My husband told the manager and the manager took it to the bar and came back stateing that there was Jose Cuervo. We dont drink so I was shocked. The manager apologized over and over so did the waitress. My husband told them a couple of words and we carried on. My mind raced. What ifs went running. If she drank it all and we took her to the hospital???So we left. My child is perfectly fine. Then when we got home,I called the police and got a deputy to meet my husband at the resturant. The deputy logged it and the manager admitted. No police report was filed because it was not intentional nor was it a crime.
2007-11-18 03:47:58 · 5 answers · asked by Natasha D 2 in Politics & Government ➔ Law & Ethics
Before you answer, think of all the consequenes that would have happened because of the careless mistakes. Coma,siezsure,and breathing problems from poisoning. The chance of me losing my child.
2007-11-18 04:00:30 · update #1
Because your daughter was not harmed (Thank God!), you have no actual damages. To file a negligence suit, you must have damages. Because of this distinction, you have no case. The court system refuses to look at "what if" scenarios.
That said, if this was a national chain restaurant, you can probably write a letter to the national headquarters explaining the circumstances. They may deal with the manager and bar staff internally, and you may get a nice gift certificate or other form of apology from them. (if you don't want to use it yourself, give it as a Christmas present...)
I am so happy that you discovered this before your precious daughter was harmed. Namaste.
2007-11-18 09:25:03 · answer #1 · answered by browneyedgirl623 5 · 1⤊ 0⤋
you have no case; it was not intentional to cause harm to your daughter, AND no harm was done to your daughter. The manager admitted the mistake and apologised.
It was accidental, and HAD your daughter ingested it and any of what you mentioned actually happened, then you would have a case. As it is, your daughter is perfectly fine, and did not drink the curevo & oj. Therefore, since there were no damages eccrued, there is no vailid reason or cause to file a suit. Why did you call the police? They did not intentionally try to posion your 15month old, so to me that was unnecessary; BUT in any case, as was thusly stated, it was not a crime.
Nothing happened to your daughter, there were no damages AT ALL, therefore you haven't grounds for a lawsuit.
Lawsuits are for actual crimes, and cirumstances that cause actual damages to an individual, they are not for 'what if this could have happened? and maybe what if IDK?!'. Nothing happened, there were no damges, no one was harmed, so you have no case my friend. I'm not a lawyer, LOL but it is pretty obvious you haven't legal ground.
♥
*edit* retroactiv, laughter & browneye have it right.
2007-11-18 10:35:07 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Remember, wait staff are human, and as such, sometime they make mistakes. It would be different if this was a premeditated act, but, it sounds like an honest mistake to me.
good luck
2007-11-18 03:57:29 · answer #3 · answered by Jan Luv 7 · 1⤊ 0⤋
You have no case. The restaurant's mistake isn't actionable without specific and actual damages.
2007-11-18 03:53:10 · answer #4 · answered by Anonymous · 1⤊ 0⤋
no
2007-11-18 03:55:33 · answer #5 · answered by Rana 7 · 0⤊ 0⤋