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Alcohol Drink Served to A Toddler at The Restaurant

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upset-parents

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UPDATED: Alcohol Drink Served to A Toddler at The Restaurant

I am not sure if I am posting this message in the right forum. Since my case type is rare, I could not find a forum that really fitted to our story. I picked this forum because I thought this one was the closest one.

We are looking for a lawyer or a legal advisor, who is willing present our case. Below is the complete story of what happened at the restaurant:

Wednesday February 11, 2004, our 2 ½ year-old son, my husband and I went to eat at one of main chain restaurants - B*****ans, in Bedford, TX for dinner. We got in the restaurant around 6:30pm. The hostess greeted us nicely and sat us down at a booth table. We ordered our drinks, and a cup of orange juice for my son – he loves to drink orange juice. After I ordered our drinks, I went to the bathroom, left my son with his daddy. While I was still in the bathroom, the drinks arrived on our table. My son directly knew which one was his drink, because his drink came in a nice looking plastic baby cup with a lid on. The cup was in white solid color and some cute pictures on it. We could not see what was inside the cup. My son was so excited to see his cup, and asked his daddy to get a straw for him. Innocently my son took a sip of his drink, and pushed the drink away directly with a surprised look.
After he pushed his baby cup away from him, he grabbed my glass of lemonade, took a sip of it and got out from the table to look for me. My husband told him that I was in the bathroom, and asked him to go back to the table and waited for me there. Usually my son behaved “nice.” He would listen and waited by the table. However that evening he was so different after taking a sip of his drink. He screamed for me and ran to the direction I went to. I could hear him from inside the bathroom. He was crying and screaming for me. I finished washing my hands in a hurry, and rushed outside the bathroom. I found my son standing by the women bathroom door crying with a red face. The look on his eyes was so different. It was like a scared look. I lifted him up and hugged him tight to calm him down. I carried him back to our table. I could feel his heart beating so fast. I did not really pay attention to the details…I just thought that he was simply scared because I was not around. It was unusual for him to behave like that. I asked my husband if he got mad at our son, and he said no.
After we got back to our table, the food already arrived. We sat down and ate. Throughout the dinner time, my son just sat next to me and leaned on me. I fed him and he ate quitely. Which was another unusual thing. He usually crawled under the table to swap sitting between me and his daddy. That time he was just so quite. My son ate quite a lot, but not a single time he asked for his drink. He kept asking for my drink instead. I asked him if he wanted to drink from his cup, and he right the way answered NO, and pushed his cup away. I was wondering why he did not want to drink from his cup. He loves orange juice, but not that time. Instintively I tried his drink. I took a sip of it…and OH MY GOD!! It was not orang juice – IT WAS A “SCREW DRIVER” -orange juice and vodka mixed drink.
I was so mad and asked my husband to taste it too. My husband went so mad, and he called 911. We could not believe that a restaurant could serve a toddler an alcohol drink in a baby cup. They shouldn’t mistake a kid drink in the baby cup with an adult alcohol drink. I have an allergic to alcohol, and was not sure if my son had it too. My reaction to alcohol is getting red face in no time and heart beating so fast until I cannot breath – it depends on how much alcohol I consume. That night I just took a little sip from my son’s cup, and that was enough to give me a red face and heart beating quite fast. Obviously my son has the same reaction to alcohol. He had the red face and I felt his heart beating so fast when I was carrying him from the bathroom back to our table.
My husband called the waiter, and asked her to call the manager. The manager came to our table. He was so not professional at all. He told us not to be upset because according to him my son looked just fine. He repeatedly told us that this was a honest mistake. Mixing a kid drink with alcohol is a honest mistake?! That obviously proofs how careless they are in handling kids’ meals. The manager had no concern on what happened to the drink and what happened to our son. He took this situation too easy and kept telling us not to worry because our son looked just fine. He was not a doctor and should not make any comment about it. When I tasted the drink, it was just a pure alcohol, not taste of orange juice at all. Thankfully my son’s alcohol reaction went away after I made him drink my lemonade as much as possible to clean up his system. We spent about 30 minutes inside the ambulance. The nice paramedics wanted to observed my son if there was any damage due to alcohol drink he consumed, while the police interviewed the manager for a incident report.
This was not a honest mistake. The alcohol drink was in a baby cup – a cup that was served to a 2 ½ year-old toddler. We simply ordered for an orange juice for our son. Why was he served an orange juice with vodka in it? :(
 
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I AM ALWAYS LIABLE

Senior Member
My response:

Now, could you please edit that extremely long story, and just give us the facts? Take out all of the extraneous stuff like, "– he loves to drink orange juice." Just give us the "central" and germain facts.

Thanks.

IAAL
 

mykoleary

Member
Why was he served an orange juice with vodka in it? :(

I'm sorry this happened and the way it was handled sounds totally unacceptable, but is this REALLY your LEGAL question???

I'm going to bed.... :(
 

HomeGuru

Senior Member
upset-parents said:
I am not sure if I am posting this message in the right forum. Since my case type is rare, I could not find a forum that really fitted to our story. I picked this forum because I thought this one was the closest one.

We are looking for a lawyer or a legal advisor, who is willing present our case. Below is the complete story of what happened at the restaurant:

Wednesday February 11, 2004, our 2 1/2 year-old son, my husband and I went to eat at one of main chain restaurants - B*****ans, in Bedford, TX for dinner. We got in the restaurant around 6:30pm. The hostess greeted us nicely and sat us down at a booth table. We ordered our drinks, and a cup of orange juice for my son – he loves to drink orange juice. After I ordered our drinks, I went to the bathroom, left my son with his daddy. While I was still in the bathroom, the drinks arrived on our table. My son directly knew which one was his drink, because his drink came in a nice looking plastic baby cup with a lid on. The cup was in white solid color and some cute pictures on it. We could not see what was inside the cup. My son was so excited to see his cup, and asked his daddy to get a straw for him. Innocently my son took a sip of his drink, and pushed the drink away directly with a surprised look.
After he pushed his baby cup away from him, he grabbed my glass of lemonade, took a sip of it and got out from the table to look for me. My husband told him that I was in the bathroom, and asked him to go back to the table and waited for me there. Usually my son behaved “nice.” He would listen and waited by the table. However that evening he was so different after taking a sip of his drink. He screamed for me and ran to the direction I went to. I could hear him from inside the bathroom. He was crying and screaming for me. I finished washing my hands in a hurry, and rushed outside the bathroom. I found my son standing by the women bathroom door crying with a red face. The look on his eyes was so different. It was like a scared look. I lifted him up and hugged him tight to calm him down. I carried him back to our table. I could feel his heart beating so fast. I did not really pay attention to the details…I just thought that he was simply scared because I was not around. It was unusual for him to behave like that. I asked my husband if he got mad at our son, and he said no.
After we got back to our table, the food already arrived. We sat down and ate. Throughout the dinner time, my son just sat next to me and leaned on me. I fed him and he ate quitely. Which was another unusual thing. He usually crawled under the table to swap sitting between me and his daddy. That time he was just so quite. My son ate quite a lot, but not a single time he asked for his drink. He kept asking for my drink instead. I asked him if he wanted to drink from his cup, and he right the way answered NO, and pushed his cup away. I was wondering why he did not want to drink from his cup. He loves orange juice, but not that time. Instintively I tried his drink. I took a sip of it…and OH MY GOD!! It was not orang juice – IT WAS A “SCREW DRIVER” -orange juice and vodka mixed drink.
I was so mad and asked my husband to taste it too. My husband went so mad, and he called 911. We could not believe that a restaurant could serve a toddler an alcohol drink in a baby cup. They shouldn’t mistake a kid drink in the baby cup with an adult alcohol drink. I have an allergic to alcohol, and was not sure if my son had it too. My reaction to alcohol is getting red face in no time and heart beating so fast until I cannot breath – it depends on how much alcohol I consume. That night I just took a little sip from my son’s cup, and that was enough to give me a red face and heart beating quite fast. Obviously my son has the same reaction to alcohol. He had the red face and I felt his heart beating so fast when I was carrying him from the bathroom back to our table.
My husband called the waiter, and asked her to call the manager. The manager came to our table. He was so not professional at all. He told us not to be upset because according to him my son looked just fine. He repeatedly told us that this was a honest mistake. Mixing a kid drink with alcohol is a honest mistake?! That obviously proofs how careless they are in handling kids’ meals. The manager had no concern on what happened to the drink and what happened to our son. He took this situation too easy and kept telling us not to worry because our son looked just fine. He was not a doctor and should not make any comment about it. When I tasted the drink, it was just a pure alcohol, not taste of orange juice at all. Thankfully my son’s alcohol reaction went away after I made him drink my lemonade as much as possible to clean up his system. We spent about 30 minutes inside the ambulance. The nice paramedics wanted to observed my son if there was any damage due to alcohol drink he consumed, while the police interviewed the manager for a incident report.
This was not a honest mistake. The alcohol drink was in a baby cup – a cup that was served to a 2 1/2 year-old toddler. We simply ordered for an orange juice for our son. Why was he served an orange juice with vodka in it? :(

**A: answer, so you could file a multi-million dollar lawsuit.
 

mailman16

Member
OP asks "how could serving a screwdriver in a toddler cup be an honest mistake?" Here's how: The restaurant has a nice big jug of pre-mixed screwdrivers they made hours before the dinner rush and the waiter who poured the drink made an HONEST MISTAKE and grabbed the pre-mixed screwdriver jug instead of the regular OJ. That's how. You're insinuating they did it on purpose, but from my perspective, it's a blatantly obvious honest mistake. Good luck with your frivolous lawsuit.
 
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Lil Miss Smarty Panties

Guest
You obviously do not have a toddler. If a restaurant had given my toddler OJ & vodka in a kids cup and then was rude and indifferent to me about "the accident", I would sue them and make sure it was in the media.
 

HomeGuru

Senior Member
Lil Miss Smarty Panties said:
You obviously do not have a toddler. If a restaurant had given my toddler OJ & vodka in a kids cup and then was rude and indifferent to me about "the accident", I would sue them and make sure it was in the media.

**A: especially if the Vodka was the cheap generic label.
 

mykoleary

Member
**A: especially if the Vodka was the cheap generic label.

Agreed!! I've always been of the opinion that if the container a liquor is in can survive a fall by bouncing, it is not worth drinking...
 
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upset-parents

Guest
Basically the short story is:

We went to eat at a well-known main chain restaurant with our 2 ½ year old. Ordered him kids meal and orange juice. Waitress served his meal and drink in baby cup with lid on and straw. He took a few sips and about 5 minutes later we noticed his face was red and that he felt uncomfortable … anyway… when we were about to get our check and pay my wife asked him if he wanted to have more orange juice but he refused.. My wife took a sip of a drink and tasted alcohol.. Waitress called general manager and he admitted that it was alcohol.. He was so not professional at all. He told us not to be upset because according to him our son looked just fine (red face?). He had no concern on what happened to the drink and what happened to our son. He took this situation too easy and kept telling us not to worry because our son looked just fine. I immediately called 911. Ambulance took our son and I had a “chat” with cops, paramedics and manager. He admitted that there is alcohol in our son’s drink and that it was a “mistake”. Police told me that report will be filed and gave me their cards..

Questions:

Can we press charges against restaurant?
If yes where do we go to find experienced lawyer?
How would you classify this type of lawsuit?
 
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upset-parents

Guest
mailman16 said:
OP asks "how could serving a screwdriver in a toddler cup be an honest mistake?" Here's how: The restaurant has a nice big jug of pre-mixed screwdrivers they made hours before the dinner rush and the waiter who poured the drink made an HONEST MISTAKE and grabbed the pre-mixed screwdriver jug instead of the regular OJ. That's how. You're insinuating they did it on purpose, but from my perspective, it's a blatantly obvious honest mistake. Good luck with your frivolous lawsuit.
I worked in three different bars and restaurants throughout college and have never heard about pre mixed screw drivers... May be somewhere during Mardi Gras in NO, but at 6 PM on rainy Wednesday? What I do know is that waiters and bartenders often “camouflaged” their drinks in plastic or baby cups and sipped alcohol and sip it during work… managers knew about it but had their eyes closed on it….
 

HomeGuru

Senior Member
upset-parents said:
Basically the short story is:

We went to eat at a well-known main chain restaurant with our 2 1/2 year old. Ordered him kids meal and orange juice. Waitress served his meal and drink in baby cup with lid on and straw. He took a few sips and about 5 minutes later we noticed his face was red and that he felt uncomfortable … anyway… when we were about to get our check and pay my wife asked him if he wanted to have more orange juice but he refused.. My wife took a sip of a drink and tasted alcohol.. Waitress called general manager and he admitted that it was alcohol.. He was so not professional at all. He told us not to be upset because according to him our son looked just fine (red face?). He had no concern on what happened to the drink and what happened to our son. He took this situation too easy and kept telling us not to worry because our son looked just fine. I immediately called 911. Ambulance took our son and I had a “chat” with cops, paramedics and manager. He admitted that there is alcohol in our son’s drink and that it was a “mistake”. Police told me that report will be filed and gave me their cards..

Questions:

Can we press charges against restaurant?
If yes where do we go to find experienced lawyer?
How would you classify this type of lawsuit?

**A: please state the exact injuries suffered by your toddler as stated by the paramedic and ER MD. Also, did you notify the liquor regulators?
 
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upset-parents

Guest
no we have not reporting anything yet...
as far as my son I hope there was nothing permanent.. at that time he was crying, his face was red, breathing heavy... he was released the same day .... we were told to give him a lot of water and watch him closely overnight...
 

smorr

Member
Those were nice answers! But the short answer to that "novel" of a question is pretty much "No, it doesn't appear that you have much chance at a law suit and Yes, it could have very well been an honest mistake". I would, however, write a letter to the home office of this chain restaurant and make a stink over their obvious negligent handling of mixed drinks vs. regular non-alcoholic drinks. If it was a premixed screwdriver and was in an unlabled bottle - that could be considered negligence by the restaurant. The manager dismissing the incident as 'nothing' is certainly reason to be concerned, but not reason enough to bring this to court, especially where it appears the child took no more than one sip - immediately pushed away the drink and persistently refused to drink it. He most likely didn't ingest enough to cause any damage to his system which would have to be the basis of your case to consider it any less than frivolous.

Oh, by the way - you first mention he took "a sip" - your 'short version' says he took "a few sips". Which one is it? I raised two kids and I'll tell you that when they don't like something, they don't try it again - it's off the table and on the floor! Another reason why this would be a frivolous case - keep it consistent folks!
 
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upset-parents

Guest
Thank you all for your comments.
My wife wrote the long story… I wrote the “short” version…
As far as how many sips he took we don’t know. When I opened the cup it was half-empty. I was the one who served him a drink while my wife was in the bathroom…
 
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