Daycare caused peanut allergic reaction

What is the name of your state?MN. My daycare provider gave my just turned 1 year old son peanut butter and it caused a severe allergic reaction. I'm wondering if after he's tested for an allergy to peanuts and it comes back positive, would I be able to sue her for damages and future medical costs? Thanks.

moppet2003 said:

What is the name of your state?MN. My daycare provider gave my just turned 1 year old son peanut butter and it caused a severe allergic reaction. I'm wondering if after he's tested for an allergy to peanuts and it comes back positive, would I be able to sue her for damages and future medical costs? Thanks.

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If you were not aware of the allergy then there is no liability. Does your child conume a lot of soy products or soy formula? Was your child breast fed? do you consume a lot of soy products.

Now we want to make a quick buck off our kids.

NO - if you were not aware of the allergy you have no recourse.
If you knew AND DIDN'T tell the daycare provider, NO.

Any respectable provider would go out of their way to avoid causing an allergic reaction, so am I sure it was unintentional.

Now, if this provider gets wind that you want to sue over this, well - - - if I was that person, I'd tell you to take your kid elsewhere. What a slap in the face.

I don't see how the daycare would be liable if you didn't even know of your child's allergies. Nice try though

ablessin said:

Any respectable provider would go out of their way to avoid causing an allergic reaction, so am I sure it was unintentional.

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They WOULD? Day-amn! I had a complete misconception of what daycare was all about, I guess. Thought daycare providers loved spending their days in court over bogus accusations, too--and they just rake in the cash to pay out for malpractice insurance (equivalent) for this sort of thing. Then we run around complaining that affordable daycare is nonexistent. Wonder why.

Maybe I need a bucket, or something. I sense that sarcasm dripping heavily again.

How close are we to proving that it's heavy soy consumption causing this nut allergy epidemic, anyway? I can't IMAGINE life without nuts!

Life is full of nuts, in one way or another - -in some shape or form.

I just love how some people think . . . . Yeah, let me call my son's babysitter right now and tell her to try a bunch of different things and we'll see what my son reacts to and then I will go from there. I'd love to make an easy buck at my kids' expense.

moppet2003 said:

What is the name of your state?MN. My daycare provider gave my just turned 1 year old son peanut butter and it caused a severe allergic reaction. I'm wondering if after he's tested for an allergy to peanuts and it comes back positive, would I be able to sue her for damages and future medical costs? Thanks.

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This is a joke, right???

How about if YOU had been the one to give your son peanut butter and then he had the rxn at home with you? Would your Husband or Son be allowed to sue your SORRY a$$ if an allergist proved that your son had an allergy to peanuts???

BTW, if your son had an allergic rxn to peanuts, he has the allergy. There is no testing involved, b/c another exposure to the offending allergen will cause a more severe rxn.

panzertanker said:

This is a joke, right???

How about if YOU had been the one to give your son peanut butter and then he had the rxn at home with you? Would your Husband or Son be allowed to sue your SORRY a$$ if an allergist proved that your son had an allergy to peanuts???

BTW, if your son had an allergic rxn to peanuts, he has the allergy. There is no testing involved, b/c another exposure to the offending allergen will cause a more severe rxn.

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That is why I asked about soy consumption, because if this child is actually allergic to peanuts, most likely they are sensitive to soy also and maybe even caused by soy. Avoiding soy in modern procesed foods is very difficult. This problem may have been caused by the parents and the child's diet.

Stupid me, I just looked at OP's previous posts, now we can see why they want to sue.
https://forum.freeadvice.com/search.php?searchid=486499

panzertanker said:

This is a joke, right???

How about if YOU had been the one to give your son peanut butter and then he had the rxn at home with you? Would your Husband or Son be allowed to sue your SORRY a$$ if an allergist proved that your son had an allergy to peanuts???

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Then we'd be looking to sue the deep pockets of the peanut butter manufacturer! It HAS to be their fault, right?

kathrynne said:

Then we'd be looking to sue the deep pockets of the peanut butter manufacturer! It HAS to be their fault, right?

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To quote my hubby, "Damn Skippy"

She wants to sue daycare because she has an outstanding debt she is being sued for.....

SOMEONE has to pay the debt, and it should not be her.

Again, let's all find something wrong with our kid so that we can sue and either pay a debt or better yet - - take a vacation! Then, the "real" lawsuites for the real problems can be held up in court for ages because the lawyers and judges are backed up.

Great idea. Let's sue nabisco or whoever produces Skippy and Jif

carofl93 said:

To quote my hubby, "Damn Skippy"

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Yep! That's why we use the sugar-free stuff you have to stir all the time here. That commercial peanut butter is downright dangerous, just ask our parrot! His peanut butter consumption is HUGE when you consider his body weight.

We don't get to eat around here without "paying the parrot tax."

Um

My daughter ate a chocolate bar and got a pimple... can I sue somebody? anybody? there has to be a buck out there for me too! I mean its PROM!

ENASNI said:

My daughter ate a chocolate bar and got a pimple... can I sue somebody? anybody? there has to be a buck out there for me too! I mean its PROM!

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The SOL has run against the proximate cause: DOEs from the Spanish conquest, sorry