I took my children to a local ice cream parlor and my 8yr old ordered white chocolate ice cream with gummy bears. She went outside and began to eat the gummy bears and then the ice cream. She came back inside and stated that she didn’t want it because it was nasty.
My son said he would eat it. After eating some he stated that something was wrong with it. I tasted it and realized that the ice cream contained alcohol.
I informed the cashier and he stated that it was switched without his knowledge. Later that night my children began to have stomach cramps and vomiting. I took them to the emergency room the following morning and was informed they have gastritis due to the alcohol.
What should I do?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
We did some research and were able to find a few ice cream manufacturers who legally add small amounts of up to 5% alcohol to some of their ice cream products. If your children ingested the type of alcoholic ice cream we mentioned they should not have suffered any serious injuries.
Additionally, inasmuch as your daughter apparently just began to eat the ice cream when she noticed its bad taste, and then passed it on to your son who also seemed to reject it rather quickly, neither of them could have ingested enough alcohol to do any serious damage.
The serving of the alcoholic ice cream seemed to have been inadvertent. Absent a purposeful or malicious act, the ice cream parlor’s liability is very limited.
Gastritis is defined as an inflammation of the stomach. Unless a person continues to ingest foods, alcohol or other inappropriate substances, gastritis usually resolves itself when the ingestion of the aggravating substance ceases.
If the gastritis continues, you might want to take a look at your children’s diets. It’s always possible the food you are serving them may not agree with them. The best thing to do is keep an eye on your children. Maybe some Pepto Bismal or Maalox will help if they still have stomach problems.
Learn more here: Restaurant Food Poisoning Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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