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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?
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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