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  1. #1
    Join Date
    Mar 2018

    Default Suing Over the Provision of Food to an Allergic Child

    My question involves an injury that occurred in the state of: Texas My son took my 2 year old grandchild to swim lessons at a new swim school in Austin. My son was asked to wait in the parent waiting area. My grandson has severe allergies, and was given m&m's.after his swim lesson and ate them with the children. Thanks to my son's quick actions, While driving home he noticed he was looking red and swollen.. He drove straight to the emergency room in a panic, not knowing about the M & M's....until my older grandson informed him they were offered M&M's which he refused because he is also allergic.

    At the hospital he was administered 2 epipens and a very long emergency visit. My son was beside himself and can't understand why they would give a 2 year old M & M's.
    None of us have ever gone to a lawyer, and don't even know what type of lawyer to call, or if he should call a lawyer?
    Any advice would be appreciated. My grandson will be ok, although we haven't looked at the side effects of the epipen. He definitely won't be going back there to swim. He will go where his older brother has gone for the past 2 years.

    I hope someone here will be able to fill in the blanks, we are all grateful he's alive,

    Thank You in advance

  2. #2
    Join Date
    Oct 2016

    Default Re: First Time Poster: Should We Call a Lawyer and What Kind of Lawyer to Call

    I hope your grandson has recovered fully.

    From the sound of it you are looking to sue anyone that happened to be nearby, including the ER that may have saved his life.

    2 year olds eat M&Ms all the time. If your grandson has allergies your son should have made this clear to anyone that was charged with watching him.

    If your grandchildren have so many allergies you probably should have a EpiPen with them all the time.

    You might want to look into suing your older grandson. I mean he didn't stop them from giving his little brother M&Ms.

  3. #3
    Join Date
    Oct 2014

    Default Re: First Time Poster: Should We Call a Lawyer and What Kind of Lawyer to Call

    You cannot sue simply because something bad happened. Your son (who is the one who would have to retain the lawyer and sue on behalf of your grandson) would have to prove that the person who gave him the m&ms was negligent in some fashion. So the details would matter a lot. What exact allergy does your grandson have? Is it a nut allergy or something else? If it was a nut allergy, is it only specific nuts or all nuts? Were the m&ms almond or peanut m&ms or plain chocolate? Did your son inform the school prior to this that your kids had these allergies? Was there any other way that the person who gave out the m&ms would have had knowledge of the allergies? These kinds of details matter because your son needs to show that there was some kind of negligence (fault) on the part of the person who handed out the candy, either that the person knew of the allergy and gave out candy that he knew or should have known might trigger it, or that the person had some kind of duty to inquire about such things prior to handing out the candy and didn’t do that. I give you this information not to suggest that there is or isn't a good case here; I have no opinion on that as I don't know all the details of what occurred. I just want to give you a sense of the sorts of things that matter in this kind of case.

    As for what kind of lawyer, that’s easy for me to answer: look for a personal injury lawyer.

  4. #4
    Join Date
    Mar 2018

    Default Re: First Time Poster: Should We Call a Lawyer and What Kind of Lawyer to Call

    Shocking answer, sorry if I came off sounding that way... we are. Sry grateful to the ER.
    Yes my son does carry epi pens for both boys...
    The older grandson who is 4 was in a 4 year old class not with his little brother.

    Hard to portray everything that happened in a small post.

    Thank you, I'll read that to my son
    You've been very helpful

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