Would You Sue A Restaurant After This?

I have a co-worker whose son has a fear of food. Literally, he eats 7 foods and he won't eat anything he can't immediately recognize. That's it. He won't touch food at all and doesn't even want to look at it or he freaks out.

She and her husband took him to a restaurant for his 10th birthday (this is where he wanted to go) and told the restaurant not to bring out anything for his birthday because he's scared of food, especially meat and dairy products. Well, no one told the server. This restaurant pies you in the face on your birthday. So, this kid literally got a face full of banana cream pie and it was so traumatic that it sent him to the hospital for 3 days. The restaurant said they aren't liable because they didn't have to eat there and so they are refusing to pay for his hospital bills.

Should she sue the restaurant or was it her fault?

  • Yes, she should sue
    38% (24)31% (12)35% (36)Vote
  • No, that's her fault
    62% (40)69% (27)65% (67)Vote
And you are? I'm a GirlI'm a Guy
Updates:
Yes, this is a legitimate question. This actually happened a few weeks ago and he kid is beyond terrified of food. No, I don't know why he is, he has been apparently since he's been able to talk. She and I do not talk that much, I just saw it on her Facebook status the other day.

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Most Helpful Guy

  • Honestly if the kid is scared of food Im not sure he deserves to live. Being scared of food is like the most ridiculous thing I have ever heard.

    If they never told the server, how were they supposed to know the kid had some freakish phobia.

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Most Helpful Girl

  • I think if someone has a legitimate "fear" of food, I'm not sure why they would go to a restaurant where they will be surrounded by... food. Lol

    That being said, I would NOT be happy if a restaurant just randomly pied me in the face without any warning. I would actually be pretty pissed if that happened. I wouldn't sue though, I would just never go back to that establishment again.

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    • Apparently, they go out to eat a lot. I don't know how he can go when he's scared to look at different foods and touch them, I never asked.

    • Yeah, that's really strange.

What Guys Said 17

  • If a restaurant has a weird thing they do for a birthday such as a pie in the face, then they would make it known to all so that no one could be offended and sue. So the parents took a kid that doesn't like food to a restaurant on his birthday knowing that pie in the face is normal there. Well then I would totally blame the parents for what happened.

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  • - I would accept having my actual meal bill wavered because what freakin restaurants pies people in the face without consent?
    - The parents should pay for the hospital bills for taking their kid who is scared of food to a RESTAURANT in the first place, even if that was where he "wanted" to go.

    To answer the question, no i wouldn't sue.

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    • They didn't wave the meal bill because they had paid before he was pied in the face.

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    • @aWes0MeNeSs These people aren't exactly normal so they don't think normally. I make cakes on the side of our job and she wouldn't eat it the one I brought to a staff meeting herself because I put chocolate buttercream on a white cake and she doesn't eat cakes where the flavor of the cake doesn't match the flavor of the icing because she said it doesn't make sense, even though she doesn't mind the taste.

      That should tell you a bit about why I put this question on here.

    • Wow, haha, I guess we know where this kid's picky eating came from then! I actually questioned in my head if it was possible that he was using a fear reaction to get out of eating something he doesn't want to. Kids will do just about anything they can to avoid having to do something they don't want to. I wonder if he's seen his parents reject food for funny reasons like that and just thinks that's how it's supposed to be? Either way, they sound like an odd family, that is for sure!

  • Several questions,
    How is alive if he is afraid of food
    Second how does one become afraid of food
    Third who on earth takes someone who is afraid of food to a RESTAURANT

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    • You basically asked all the questions myself and the rest of the staff was thinking.

      He eats, just only like the same 7 or 8 foods, his diet rarely changes. It can all be cooked differently, but it has to be the same foods. I don't even think he'll eat salt or pepper or sugar.

  • Uh well if no one told the server this information then I don't think the restaurant can't be help liable I mean did they tell the restaurant owner when they were there, did they say something over the phone what? because that information can mean the difference between something and nothing.

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    • I don't know all that, I didn't ask, but that would explain why the server didn't know.

  • That's her fault. Like it or not, restaurants are a part of life. That kid will have to deal with it, if he wants to go to a restaurant.

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  • Suing is a strong word here. Technically, if the restaurant doesn't take action because of their employee, THEN you can sue for negligence. But really, what you really want is to have the medical bills paid. But if the child has been traumatized, then the restaurant's owner or manager needs to take charge in the situation and be responsible for it. Don't sue though for only money though. That can lead to problems

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    • Even if the employee (server) wasn't informed, the liability still falls onto the shift leader. But you have to consider if the customers are aware of the pie on birthdays. Are there signs placed around the restaurant? Do employees tell people that they're going to pie the person in the face before they do it as a precaution?

  • This has to be fake.

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    • That's what I thought. Lmao

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    • @Red_Arrow I did notice, thank you, and that doesn't change the fact that I never said that was there thing. They just happen to do it. I don't know what the other restaurants around here do.

      I also said the server didn't get the message. She told the restaurant before they sat down and even ate or ordered anything that they didn't want that. You must never have worked in the food industry because you don't seem like you understand how it operates at all.

    • As others have stated, they have not heard of such a thing. Nor had I. And apparently you had not either. So apparently it is just that restaurant. That makes it "their thing".

      And the point I have been trying to make is that one of the possible reasons the server did not get the message is that the server did not get the message is that your friend may not have actually conveyed it.

      Be interesting to hear how the lawsuit turns out, if she actually does sue.

  • Hmmmm shit this is hard to say 'cause on one hand the servers didn't know and on the other hand, the parents didn't say shit. So whos at fault?
    To be honest, I would be pissed if somebody threw a pie or a cake in my face period. Never found that funny at all.
    My favorite restaurant is closing next week by the way.

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  • lol what Dumbfuck brings a kid who has a stupid fear of food to a place with food and also wtf iv never heard of a fear like that xD

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    • I had heard of it but not as extreme as this

    • if someone is that terrified of food then NO HATE they dont deserve to sue over food. and a technicality a phobia is still not treated as a Medical problem to most places.

  • What the hell kind of restaurant hits people in the face with a pie without their consent? Sounds like a good way to get punched.

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  • If your kid is afraid of food. Don't go to a restaurant ! You can't expect everyone to change for you.

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  • Hell yes, she should sue! Tells them not to do something, and they do it? That's disrespectful to the customer! They should be sued bad!

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  • you know exposure is the key to get rid of a phobia.

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  • kid annoys me bbuvdubt even kno him

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  • You're serious?

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    • Very serious, I'm not making it up at all.

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    • I agree with you, it sounds like a parenting issue. Whatever issue this kid has, his parents should be working him through it, not catering to it. If my kid refused to eat anything but 7 or 8 meals, I would start introducing other foods and say "eat it or starve" as well. My parents never treated me like their kitchen was a restaurant and if I didn't like what we were having for dinner that night, I either sucked it up and ate it, or went to bed hungry (usually I went ahead and ate it). It is honestly a peeve of mine to see parents spend the time to prepare a nice meal only to have their snot nosed kid refuse to eat it and bark orders at them to fix them something else, so they work their ass off some more to fix the kid something they will eat instead. Kids need to appreciate that they even have food available to them at all and parents that care enough to prepare meals for them. Sorry for the rant!

    • @aWes0MeNeSs it's alright. Lol. I totally understand.

  • I'm on the fence.

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  • Why go to a restaurant if you are not going to eat there, I'm sure that was his idea right?

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What Girls Said 15

  • I voted no, but I have mixed feelings. Was she warned that this restaurant throws a pie in your face on your birthday? Because I'd be livid if a restaurant did that to me without my permission, and I don't even have food issues. I would be absolutely livid.

    I think suing might be a little extreme, but I think the restaurant should have been VERY apologetic and comped their meal. They messed up by agreeing not to bring anything out and then failing to inform their staff. And throwing a pie in someone's face without their consent is pretty risky as it is.

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    • She was and they don't do it if you request them not to in advance but she said she did.

    • The staff member who the mom spoke to agreed to make this work, and then they failed to follow through. While the mom is certainly partially responsible, the restaurant did play a role. A person with an allergy can go to a restaurant and expect to be able to let the kitchen know that they have an allergy, and then not be served food containing whatever they are allergic to. And if the restaurant is incapable of that, they are obligated to inform the customer rather than serving them food that they are allergic to. I see this as similar.

    • Yeah, the restaurant is responsible for that. They needed to take the request seriously and they failed to do that. If they were unable to take the request seriously, they had an obligation to inform the customers.

  • She didn't have to tell the restaurant it was his birthday at all and they wouldn't have done anything special for him. Also that's the risk she took taking him to a restaurant of all places. That's like taking a kid whose afraid of animals to the zoo.

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  • I am sure it sucks having a kid that is terrified of food. I feel for the family. But like an allergy, it is the consumer's responsibility to be watchful and aware. Not the restaurant's, or the server's, or anybody else's. If pies traumatized the kid enough to send him to the mental ward for three days, he clearly has deep seated psychological issues or is suffering from an extremely rare condition of some sort. No restaurant server could possibly be expected to anticipate that. The parents have a moral, ethical, and legal obligation as caretakers to protect their fragile and susceptible child from due harm. This includes the obvious--not taking him into an 'interactive' food joint when they have prior knowledge of his fear of food.

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  • I think the restaurant is stupid for doing a pie in the damn face thing to anyone but that said, I don't think they have to pay for the medical bills over a mistake like that. If a guy died from a peanut allergy after telling someone there was no peanuts in anything (and he'd informed them of his allergy) then the restaurant is at fault - that is a mistake. Someone being afraid of food - I can't see how many medical bills you can get over that? And also, taking him to the restaurant in the first place is dumb. That's like taking someone who's scared of heights bungee jumping for their birthday and then being shocked at the results.

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  • This is unreal, haha! Honestly, bringing a kid who is terrified of food to a restaurant for his birthday, even at his request, doesn't sound like a good idea to me. That was a huge mistake on their part.
    I honestly do not see how anyone could have an issue like this. I know some kids, especially those with disabilities, have some huge fears, but food? Something doesn't seem quite right here. Not that I think you're not telling the truth, but I'm wondering how anyone could have a legitimate fear of food.

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    • I didn't believe it until half the staff told me my first year working there. I heard it from someone and thought they were just playing a joke on me because I was 23 and fresh outta college and then everyone was like, "No, for real..." lol

    • That's crazy, haha!

  • Not being funny but this is clearly either her sons issue or bad raising.

    Either don't take the boy out of take him to a controlled environment. Like the garden. If he is that bad.

    He either needs constant care and maintenance or he needs more exposure to the world. Either way, the parents were shit at their job.

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    • He actually does require constant care, even when he goes to school. He has an IEP that's only about his fear of food and nothing else.

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    • Well, getting a babysitter wouldn't have made since because they were going out for his birthday.

      SHE says they go out all the time (I'm not sure how much I believe that because I never talk to her, we're just Facebook friends) but I have heard her talk about it before like after staff meetings or on our way out the door.

    • Ain't being funny but if her kid is that hard she would go go to "trusted" restaurants.

      You wouldn't just try one without going beforehand.

      If it's a normal place then there are two views - if it was new they shouldn't have gone with him. It's unfair on the servers and the kid. 2. If they really went there that often the experienced servers would know the problems (what do I know, only 7.5 years experience) but we knew every dietary requirement and every little personal preference. And we were a supermarket cafe:

      Honestly, from someone who's dealt with a lot of bullshitters, this is someone who need extra cash. It's easy to prove and his parents don't have a leg to stand on.

  • I am sorry he has this condition but why did he wanna go to a restaurant for his birthday? can't he simply just sit at home and celebrate it? I am sorry but I dont think restaurant is liable as long as they dont properly remind everyone before and during their visit, over the phone, and directly to the personal.

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  • I wouldn't have even brought him to a restaurant if he's afraid of food. Would have been a quiet day at the house for a birthday party. I dont think they can sue for that seeings how the server did not know. What place pies you in the face anyways? Id be pissed but wouldn't sue.

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  • I wouldn't sue but I would be a bit mad/upset

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  • It's still the parents fault for listening to the kid. Nobody can't truly meet that kids needs if they don't truly know him. The restaurant isn't going to go by every single persons needs and the parents should know that. They don't have the right to sue and should have just had the party at they're home.

    Though I assume the kid might be autistic since I know some can have that kind of issue.

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    • The only need they wanted was not to pie him in the face. His actual meal wasn't the problem and she called ahead and told them not to do it and they said they wouldn't, otherwise, she wouldn't have gone.

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    • Yeah, legally, no restaurant is allowed to sing it unless they have exclusive permission to do so. Seriously.

  • No they should not sue but the restaurant should definitely apologize and offer to pay for the meal. That child needs help now before he gets older and is surrounded by food without his parents. It is quite an odd fear but he should definitely be talking to a therapist now. I hope the parents are doing that for him.

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  • It's not the restaurants fault, the parents should've warned the workers (all of them) before bringing out the food.

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  • Wonder what that server feels like... The restaurant should offer to pay his hospital bills rather than be forced to.

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  • I get why the family's upset, but it isn't the servers fault because nobody told her. I don't think she should sue the restaurant there's a lot of people who work their who had nothing to do with it and it wasn't their fault that one of the servers didn't know he was terrified of food.

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  • Is this some kind of troll? I'm sorry but I never heard about people having a fear of food.

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    • You obviously didn't read the update lol

    • Oh sorry, I read it off of my feed. Well, personally, I don't think she should sue because it was her choice to have the party at that restaurant and she should have informed herself about their birthday parties beforehand.

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