Can a parents take you to court for medical bills, for you bringing in treats that had peanuts in it,?

Question

I like to add. Would I ever go after a person who brought in treats and my daughter got food poisoning and had to go the the hospital? Next my daughter was a cheer camp and some girl had disease and some kids got it, so my daughter had to get tested, now would I go after the fmaily if my daughter got the disease. NO it was an accident. Nothing can be 100% free (Smoke, Guns and Peanuts.) I think the school learned form this and should educate parents.

Answer 1

"Shouldn't the school be responsible, since they know who has the allergry." - Knowledge of who has the allergy is irrelevant. Your wife's actions caused injury to another *after* she was warned not to take those actions.

Answer 2

The school didn't provide the treats, your wife did. Since she provided the treats, she is responsible, not the school.

I'm sure she did it completely innocently, but it evidently resulted in someone becoming ill.

Violating the school policy unknowingly does not excuse it or eliminate the resulting medical bills.

Answer 3

Hmmm, that's a tough one.

I don't think you'll be responsible for that.  How obvious was it that there were peanuts in these treats--were they peanut butter cookies or was it more like "you'll never guess the secret ingredient is peanuts!"

That will actually make a big difference in your defense.  If it's peanut butter cookies the teacher has a responsibility to take reasonable steps to be sure no one with a peanut allergy consumed them.  The age of the kids may also make a difference--toddlers can't be expected to know they can't consume certain foods but high school students should definitely know better.

If there are several parents attempting to collect money from you or if there is only one but they have a lot of medical bills you should consult an attorney.  Even if it's only one child with minor medical bills it wouldn't be a bad idea to consult an attorney.  Who knows if it's some dirtbag trying to collect a huge settlement for little or no damages.  This could be a very big deal as it sounds like somebody doesn't have the money to pay for their medical expenses.  With medical expenses involved sleazy lawyers will swarm to collect from whomever they can and they'll do it for a portion of the settlement (read "free").

Unfortunately this falls into the category of "No good deed goes unpunished."

Answer 4

Come on there's no case here. It's an allergy. My kid got stung by a bee at church camp do I sue the pastor or the *board? Call your homeowners insurance agent, they always seem to know about these things. A Lawyer will just hint at a solution until they get a retainer.

*The famous ACLU case involving NAMBLA is why you can't sue the members on a Church board, Had NAMBLA  lost that case a new precedent would have been set that would allow people to sue board members for the actions of the organization they serve in order to seize their private wealth.

Answer 5

Oh please - your wife brought in treats - it is NOT her responsibility to be sure that Johnny or Suzie doesn't have an allergy to anything in it!  It is the responsibility of the parent of the child with the allergy to teach their child NOT TO EAT ANYTHING that he doesn't bring to school with him - PERIOD.  This "blame everyone ELSE" c**p is ridiculous - it was an honest mistake, and no one but the parent & student with the allergy should be held responsible.   If a student were allergic to bee stings, is it the school's responsibility if a bee dared to fly on their property and sting the student??  Give me a break.