Law.com Blog Network

About The Bloggers

Blogroll

Lawsuit of the Day: Kid Injured by 'Deleterious' Hot Sauce

Sauce What started out as a nice family dinner at the local Steak 'N Shake has turned into a lawsuit.

The incident in Cleveland, Tenn., though, wasn't your typical condom on burger or finger in chili deal. No, this lawsuit, as reported by OnPoint News, claims that a Steak 'N Shake waiter pulled the old switcheroo on little Caleb Gann. Caleb ordered chili, and the waiter asked if he would like "hot sauce" with it. Who wouldn't? So the waiter brought over a "bottled substance" he called hot sauce. Alas, it wasn't your garden variety hot sauce, but Blair's Mega Death Hot Sauce, or, as worded in the complaint, a "deleterious substance" that waiter "John Doe" failed to warn Caleb "contains ingredients 500 times hotter than a jalapeno chile."

Caleb reportedly broke out in hives, had trouble breathing, and experienced inflammation of his GI tract, for which he was rushed to the hospital. The Ganns argue that they relied on the assumption that the sauce was "a product that Steak 'N Shake customarily serves to its customers," and should have been warned that the waiter was bringing the fire.

I'm no Judge Carton, but I want to know if the bottle in which the "substance" was brought to the table was the Blair's Mega Death Hot Sauce packaging (pictured, left). If so, I think the "failure to warn" aspect of the plaintiffs' claims is weak.

 

Posted by Eric Lipman on October 18, 2010 at 12:09 PM | Permalink | Comments (4)

Comments

 
 
 
About ALM  |  About Law.com  |  Customer Support  |  Privacy Policy  |  Terms & Conditions