Applebee's serves a 5 year old a Long Island Ice Tea

DawnCt1 said:
No "responsible" parent would put that in a kiddie cup...

I never said parents looking for a pay out were responsible. Maybe some people would, giving them credit for doing what it takes to put food on the table.
 
DawnCt1 said:
No "responsible" parent would put that in a kiddie cup but I heard specifically on the news the other day that it was in a kiddie cup. It will be up to the courts to decide. Again, I think that Applebee's will accept culpability in this case and it will be settled out of court.


we all know the media don't report in error either.


something just seems fishy about the whole situation.
 
skiwee1 said:
Similar thing happened to us at the Holiday Inn and Suites in Ocean City MD last year. We were poolside and a waitress took our order for lunch and drinks. I asked for 1 virgin pina colada for DD and a regular for me. A little while later she brings out our drinks. She hands DD hers and me, mine. I start to drink mine and see DD drinking away at her drink. She says it really tastes better then the last one and she looks very happy! I take a sip and it is the real thing! A 6 y/o has just had quite a few gulps of a pina colada.
The exact same thing happened to us in Cozumel last Spring. The only difference is that my DD took one sip of her not-virgin Pina Colada and said it tasted terrible. Mine really wasn't terrific either so I just thought they made lousy Pina Coladas. After she took another sip and made a yucky face, I tasted hers and realized she had the real one.

Why didn't I think to sue? I could have a nice beachfront place in Cozumel by now.
 
lillygator said:
a cup with a lid and straw and a sippy cup are two different things, a sippy cup introduces a child to drinking, it usually has a mouthpiece type thing to drink out of which has a controlled flow of the liquid.


Well, now that we have been educated on the differences, I think it can clearly be seen that people here have been using the wrong termonology. Going forward, the cup the child was served in shall be known as a "kiddie cup" as mentioned in the article posted by tw1nsmom: http://wcbstv.com/topstories/local_story_008220423.html

Now, back to the debate.

I spoke to my bro who works in a restaurant - LIIT that you get in a chain restaurant are pre-mixed and sitting in a bottle at the bar. I asked if it were possible to get that and an apple juice bottle mixed up. Nope, he said, cuz they are different shapes and kept in different places....he suggested that what probably happened is a LIIT was put in a kiddie cup for the cook, and the waiter grabbed it not knowing what it was.

I don't know what to think now. :confused3
 

Last year while visiting my in-laws in Florida we had the same kind of situation. We were at a fairly expensive restaurant with my nine year old son. He ordered a virgin pina colada since the adults were having cocktails. When he tasted his a funny look came over his face and he said it tasted funny. I tasted it and realized it was not virgin at all, very strong with alot of alchohol. We pointed it out to the waitress and she very nastily grabbed it away. We didn't make a big deal about it at the time since we were dining with my in-laws and on all of our best behavior. Ultimately we ended up with horrendous service for the rest of the night. In retrospect we discussed that we should have called it to the attention of the manager but since it was a restaurant that my in-laws went to frequently they were afraid that they would get punished by the server on future visits (they always think that if you complain "the servers will spit in your food", how odd). We never thought that it was worth anymore than maybe a free replacement drink and an apology (which we didn't even get).
 
I haven't read any of the articles, but from what everyone is saying, it could be one of three different scenarios:

1. LIIT was served in an adult glass to the child. I've been to many chain restaurants and I can't remember who the heck serves in kiddie glasses and who serves in regular glasses. I wouldn't think twice if my five year old was given glass or clear plastic.

If that is the scenario, then it was a mistake, and all I think the parents should get from Applebee's is an apology and not much more. GMAB. How did these people suffer $75K in damages? How did they suffer $1K in damages? The child was not poisoned. What monetary damages did these people suffer? Sounds like a frivilous lawsuit to me.

2. LIIT was served in a sippy cup by staff on purpose.

If this is the case, then Applebee's should immediately fire the person. If the parents want to file criminal charges, that is an option. I don't know how that works. Would they file against the individual or the corporation?

3. The whole thing is a hoax made up by the parents.

If this is the case, I think the parents should be punished. Maybe a civil lawsuit filed by Applebee's for damaging their reputation.
 
I know someone who went to a restaurant once and ordered a glass of water. They served him CLOROX. I swear this is true! He took one sip and had to go to the hospital (he's okay). Makes me want to try out all drinks now before my kids try it! (Apparently this was at an Asian restaurant and they were cleaning and had clorox in a clear container similar to their water containers! OOPS)
 
diznygirl said:
I spoke to my bro who works in a restaurant - LIIT that you get in a chain restaurant are pre-mixed and sitting in a bottle at the bar. I asked if it were possible to get that and an apple juice bottle mixed up. Nope, he said, cuz they are different shapes and kept in different places....he suggested that what probably happened is a LIIT was put in a kiddie cup for the cook, and the waiter grabbed it not knowing what it was.

I don't know what to think now. :confused3

Ahh that makes sense. I used to work in a restaurant and the cooks did drink on the job. It seems like a kiddie cup would conceal the drink and the cook's could pretend they were drinking soda, etc.
 
cardaway said:
Maybe I missed it, where is the proof that it was in a "kiddie cup"? If it was, that more than anything would make me doubt the parents. No bartender would put that in a kiddie cup.

It's probably already been answered, but most of us are very familiar with Applebee's, so at 1st, it was assumption. That is, till this was posted on page 3.

http://wcbstv.com/topstories/local_story_008220423.html
 
disneysteve said:
The exact same thing happened to us in Cozumel last Spring. The only difference is that my DD took one sip of her not-virgin Pina Colada and said it tasted terrible. Mine really wasn't terrific either so I just thought they made lousy Pina Coladas. After she took another sip and made a yucky face, I tasted hers and realized she had the real one.

Why didn't I think to sue? I could have a nice beachfront place in Cozumel by now.


IMO, the difference is, in your case, it probably was accidental. In this case, no one will ever convince me of that.

Was it the mom, or the waiter? Right now, I'd have to go with the waiter because the restaurant took full responsibility.
 
Bichon Barb said:
3. The whole thing is a hoax made up by the parents.

If this is the case, I think the parents should be punished. Maybe a civil lawsuit filed by Applebee's for damaging their reputation.

I'd put my money on that one.
 
summerrluvv said:
Why are you so adament that the parents did this?

This is my first post on this thread, I'd hardly call that "adament". :rotfl: Just a guess that's all.
 
golfgal said:
Who's to say that the parents didn't "switch" the drinks to try to get some money because we know all parent are perfect and wouldn't do something like that to their children for a couple bucks.


About the McDonalds thing, I don't care how hot the coffee is YOU DON"T PUT A HOT LIQUID BETWEEN YOUR LEGS WHILE YOU ARE DRIVING A CAR! I understand that she was seriously injured but she was STUPID! Where in the heck is her responsibility in this. Guess what folks, COFFEE IS HOT!

The McDonald's person was NOT driving with the coffee between her legs. She had pulled over the the side of the road to drink her coffee and then it spilled. The coffee was 40 degrees hotter than any other restuarnant coffee and the coffee you brew at home. McDonald's had hundreds of complaints and incidents of employees and customers (including children) being serioulsy burned by their coffee and refused to do anything. The woman suffered 3rd degree burns and was permantly disfigured. She only originally asked just to have the medical expenses covered and was refused. The award granted by the jury was greatly reduced later.

These are just some of the facts. I know that will not change anyone's mind, but people should at least get the whole story.
 
golfgal said:
Who's to say that the parents didn't "switch" the drinks to try to get some money because we know all parent are perfect and wouldn't do something like that to their children for a couple bucks.


About the McDonalds thing, I don't care how hot the coffee is YOU DON"T PUT A HOT LIQUID BETWEEN YOUR LEGS WHILE YOU ARE DRIVING A CAR! I understand that she was seriously injured but she was STUPID! Where in the heck is her responsibility in this. Guess what folks, COFFEE IS HOT!

The McDonald's person was NOT driving with the coffee between her legs. She had pulled over the the side of the road to drink her coffee and then it spilled. The coffee was 40 degrees hotter than any other restuarnant coffee and the coffee you brew at home. McDonald's had hundreds of complaints and incidents of employees and customers (including children) being serioulsy burned by their coffee and refused to do anything. The woman suffered 3rd degree burns and was permantly disfigured. She only originally asked just to have the medical expenses covered and was refused. The award granted by the jury was greatly reduced later.

These are just some of the facts. I know that will not change anyone's mind, but people should at least get the whole story.
 
chobie said:
The McDonald's person was NOT driving with the coffee between her legs. She had pulled over the the side of the road to drink her coffee and then it spilled. The coffee was 40 degrees hotter than any other restuarnant coffee and the coffee you brew at home. McDonald's had hundreds of complaints and incidents of employees and customers (including children) being serioulsy burned by their coffee and refused to do anything. The woman suffered 3rd degree burns and was permantly disfigured. She only originally asked just to have the medical expenses covered and was refused. The award granted by the jury was greatly reduced later.

These are just some of the facts. I know that will not change anyone's mind, but people should at least get the whole story.

You are indeed to correct and her law suit brought to the fore the problem with McDonald's coffee. In fact, one of the changes that I noticed with some McDonald's is that the cream is added before it is handed to you. That change is more recent with the new "coffee". I found it difficult to remove the cover, add the cream, etc in a car without a stable surface.
 
chobie said:
The McDonald's person was NOT driving with the coffee between her legs. She had pulled over the the side of the road to drink her coffee and then it spilled. The coffee was 40 degrees hotter than any other restuarnant coffee and the coffee you brew at home. McDonald's had hundreds of complaints and incidents of employees and customers (including children) being serioulsy burned by their coffee and refused to do anything. The woman suffered 3rd degree burns and was permantly disfigured. She only originally asked just to have the medical expenses covered and was refused. The award granted by the jury was greatly reduced later.

These are just some of the facts. I know that will not change anyone's mind, but people should at least get the whole story.

FWIW, I got a full review on the case by a Professor at Rice University in Houston during a Biz Mgt course but by all means I am no expert on it.

From what he told us and the summation of the case that we read, It was proven McDonalds maintained the coffee at a higher temperature so that the coffee would keep its flavor longer while it was in the pot waiting to be served (it saved MickeyD's money in the long run).

While I feel Mickey D’s was in the wrong for brewing such hot coffee, I don't believe for one second that the woman pulled over on the side of the road to drink her coffee. No one will ever convince me that she wasn't drinking (coffee) and driving at the same time and accidentally dropped it on her lap upon taste of the hot coffee as it probably burned her tongue.
 
If it was served to the child in a kiddie cup it was definately negligence. While I don't see the need for the money for the parent, the money may simply be about providing a consequence to make sure it's taken seriously.

If the waiter took responsibility and admits purposely doing it, it would be a pretty clear picture and they should be punished - I think I'd be pressing charges instead of sueing though. If not, I can't blame Applebee's for not taking responsibility pending further investigation.

If it was an accidental switched drink - I don't see that as a huge deal.
 
MagicKingdom05 said:
but how is suing for $75,000 going to change anything.
The family will be able to take alot more Disneyworld vacations if they win. :teeth:

Just kidding of course. I have often wondered about some of the things that are sued over these days and the amounts. Seems to be getting out of control. :confused3
 












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