The employee made a big mistake. However, the mother with a child that sensitive to nuts should have known better.
This is a tragic accident, pure and simple, UNLESS the employee knew the truth and lied.
Sad.
Very sad. Publix should not be found liable.
What mother of a child with a DEADLY nut allergy lets them eat anything in public?
Sad story, but something tells me that no amount or kind of warning label would preclude this lawsuit.
What the story does not say:
The story does not say the mother told the clerk her son was allergic to nuts, she merely asked if the cookies were safe.
So sad, but no chances should ever be taken with deadly allergies. Getting what amounts to medical advice from a grocery employee? Mom, bless your heart, that was not a good idea.
I shop at Publix regularly and literally every package of their baked goods, as well as signage hanging in their bakery, says their products may contain things like nuts milk, and eggs that people are allergic to.
Since the child had a rare life threatening condition it was mother’s responsibility to consult the allergen information the company had posted in their bakery.
Employees should not be expected to know how dangerous the rare condition is nor the issue of cross contamination from making different items with the same equipment.
Publix is a great place but I wouldn’t trust my kids life to one of the bakery workers understanding food allergies.
Think of how John Edwards made his millions...he spoke for dead children.Publix will very probably settle this out of court.If they don’t they’ll lose in court...simply because they’re big and a *child* is dead.
The boy was allergic to tree nuts? That’s a new one to me.
My wife is always getting on me for not asking for help from salespeople. I tell her I don’t ask then because they don’t know squat. They usually answer in a way that means nothing. In this case, if the mom asked the minimum wage (part-time probably because of Obamacare) employee if they were safe, and he probably said “I’m pretty sure they are”
This is tough. I am allergic to peanuts - as a kid this kind of reaction was a possibility. Well more than that, it did happen a few times although I am obviously still here. As an adult, I don’t think it is as bad, although its not like I’m going to pull out a can of Jiffy and find out.
I’m a bit sympathetic. Clearly I read labels myself and don’t eat anything that says it “contains” nuts. But I would bet half the items in a typical grocery store will say something to the effect of “manufactured in a facility that handles nuts”. I’m not going to sit here and be some liberal and assert I have a right to eat a particular food, but I would like to think I should have the ability to eat something.
I’ve personally seen signs at the deli at my local Publix in FL that anything you buy at the deli could be exposed to nuts or other allergens (come to think of it, that might be a recent development and related to this story). I suspect there will be similar signs at the bakery. And like I mentioned, anything processed or in a box likely has the warning. It leaves parents in a pretty bad situation if there isn’t some responsibility put on business to prevent this. Not sure exactly where that line should be though.
NUTS IN A COOKIE.... outrageous... /snide..
Lesson learned: do not cater to people with food restrictions. They will sue you for your effort.
If I had a child with a nut allergy, I believe I would be very nervous anywhere near the bakery in any grocery store. Most parts of the store, everything is in a sealed package...with the notable exception of the bakery.
And while I am sympathetic to the mother...I really can’t believe she let her kid have the cookie. Everywhere you go, where food is being prepared, the warning labels are displayed.
I’m not sure of the liability, but do not blame the mom. Realize that the last time her child accidentally had nuts, maybe he got something like asthma or vomiting. She may not realize that the next time he would die.
I ate macadamia nuts my entire life and now I am suddenly severely allergic. Allergies are weird things. It’s my first food allergy and I’m over 40.