If I sent my kid to school with a peanut butter sandwich

[KeithTalent]

Say my kid was going to school with an explicit "no nuts" policy that was communicated to me and my famiily prior to my kid joining the school. Due to forgetfullness, or not caring, I send my kid to school with a peanut butter sandwich. My kid whips out the sandwich and while eating, some other kid around him/her starts convulsing and dies. It is later attributed to my kid's peanut butter sandwich.

Would I, as the parent, be held liable for the kid's death?

I know this is a stupid scenario, but humour me.

KT

 

[Saint Nick]

This day in age? Yes, you would go to jail and have to pay a crazy settlement.

A few years ago? No.

 

[Barfo]

Your kid attends a school for eunuchs?

 

[ahurtt]

No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

 

[jtvang125]

Criminally? Probably not if it was proven there was no intent. You'll definitely be seeing yourself in court for a civil suit though.

 

[OCGuy]

Originally posted by: jtvang125
Criminally? Probably not if it was proven there was no intent. You'll definitely be seeing yourself in court for a civil suit though.

You dont need intent to be convicted of negligence.


But yea, I doubt you will be charged.

 

[D1gger]

Originally posted by: KeithTalent
Say my kid was going to school with an explicit "no nuts" policy that was communicated to me and my famiily prior to my kid joining the school. Due to forgetfullness, or not caring, I send my kid to school with a peanut butter sandwich. My kid whips out the sandwich and while eating, some other kid around him/her starts convulsing and dies. It is later attributed to my kid's peanut butter sandwich.

Would I, as the parent, be held liable for the kid's death?

I know this is a stupid scenario, but humour me.

KT

Alright KT, whose kid are you trying to knock off? Is it someone we know? Are they an ATOT member? Come-on fess up.

 

[Gooberlx2]

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

Almond butter does exist, and is quite tasty. But yeah, a serious deathtrap for those with nut allergies.

 

[lxskllr]

Anything can happen. The legal system is misapplied, and exploited every day. You'll never know until you try it.

 

[sutahz]

You already have been charged you just don't know yet.

 

[hanoverphist]

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

avoiding the "nutbutter" jokes, im just gonna say the local health nut store has machines that will make almond and cashew butter as you watch.

 

[destrekor]

Originally posted by: Gooberlx2

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

Almond butter does exist, and is quite tasty. But yeah, a serious deathtrap for those with nut allergies.

and Nutella is a hazelnut spread. and delicious.


and as for the OP's question, I have a question of my own:

can seriously allergic people become sick from something like tree nuts or peanuts being near them? Wouldn't they have to like... eat it?
Or have peanuts and the various tree nuts gone airborne like teh swine?

 

[SunnyD]

Originally posted by: hanoverphist

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

avoiding the "nutbutter" jokes, im just gonna say the local health nut store has machines that will make almond and cashew butter as you watch.

I have Almondbutter in my fridge at home. My daughter is allergic to peanuts - according the the allergy tests we had done. 8 years of eating peanuts and peanut butter later...

 

[lxskllr]

Originally posted by: hanoverphist

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

avoiding the "nutbutter" jokes, im just gonna say the local health nut store has machines that will make almond and cashew butter as you watch.

I can get them at the local crappy Acme also. I get almond butter every so often, but it's pricey, so I don't buy it much.

 

[SunnyD]

Originally posted by: destrekor

Originally posted by: Gooberlx2

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

Almond butter does exist, and is quite tasty. But yeah, a serious deathtrap for those with nut allergies.

and Nutella is a hazelnut spread. and delicious.


and as for the OP's question, I have a question of my own:

can seriously allergic people become sick from something like tree nuts or peanuts being near them? Wouldn't they have to like... eat it?
Or have peanuts and the various tree nuts gone airborne like teh swine?

I believe in certain cases, yes if the allergy is severe enough airborne exposure can be enough. Usually it takes at minimum contact though.

 

[hanoverphist]

Originally posted by: lxskllr

Originally posted by: hanoverphist

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

avoiding the "nutbutter" jokes, im just gonna say the local health nut store has machines that will make almond and cashew butter as you watch.

I can get them at the local crappy Acme also. I get almond butter every so often, but it's pricey, so I don't buy it much.

everything at the health nut stores is ridiculously expensive. why would i buy dried cherries there for 9 bucks a half lb when i can get the same package at trys for 3.99? just fuckin silly. it was the same brand too, haha. the nanners were 2 bucks a lb as well, and looked sickly.

 

[dullard]

Hazelnut butter exists too.

There is a defense for this hypothetical situation. Peanut allergies can basically be cured. So, it is the allergic child's parents that killed the child by not getting him/her the cure. You were there simply to point out their fatal flaw via your child's tasty sandwhich.

 

[miketheidiot]

Originally posted by: ahurtt
No because the peanut is not a nut but rather a legume. Hence you would not have violated the "no nut" policy. Now had it been an almondbutter or a hazelnutbutter sandwich. . .then you're fuxored. Fortunately I have never heard of any such types of nut butter so you're probably safe to go ahead and let your kid go to that school.

i have had the almond stuff

 

[PepePeru]

just don't let Wolf Blitzer interview your kid and you'll get away with it.

 

[MrDudeMan]

Hopefully you'd be charged as someone else's kid died and can never come back because of your stupid ass. I'd sue you for every penny you were worth.

 

[Atomic Playboy]

I work at a school with a strict "no nuts" policy (which includes peanuts), and the reasoning I've heard is this: people with severe peanut or tree nut allergies can go into anaphylactic shock if they are exposed to nuts or nut residue. Obviously this covers everything where nuts are an ingredient, but it can also come from using plates or silverwear that nuts have touched, eating food processed in a plant that also processes nuts, eating food that has been in close proximity to food containing nuts, etc. It's apparently one of the most severe allergies anyone can have, and the risk of dying from the anaphylactic shock is very real. Which sucks, because it means I can't bring peanut butter cups on campus.

-EDIT- As far as actually being charged with a crime, I don't think anyone could make a case that you were legally responsible for the death of the child, but you would definitely be sued, and it'd be pretty easy to convince a jury that you were somewhat culpable given the prior warning about no nuts on campus.

 

[coldmeat]

lol nutbutter

 

[KeithTalent]

Interesting, thanks guys. Kind of what I figured.

I love me a good PBJ sammich. :heart:

KT

 

[ahurtt]

Originally posted by: coldmeat
lol nutbutter

giggity. aaallriiiight! :thumbsup:

This whole hypothetical situation is silly anyway. There could never be a school with such a policy because it would be discriminatory against people who can ONLY eat nuts and are allergic to everything else. Especially if this were a school in a town full of a race of squirrel-people, such a policy would never fly.

 

[alkemyst]

Originally posted by: om3gawave
This day in age? Yes, you would go to jail and have to pay a crazy settlement.

A few years ago? No.

if the school put no peanut products in there rules you would have at any time.

Personally I think it's BS banning the sandwich that has helped families send their kids to school for decades because some lungers are out there.

We need to let these kids just die out instead of contaminating the gene pool.