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That marshmallows are too dangerous for 11 year olds is ridiculous, but there's also a claim that the hosts took too long to call 911. That part of it could be a problem for the defendants.
I don't think so. That calling part falls under the Good Samaritan Law. They sought medical assistance, so they can't be sued for not preventing the death. Offering a snack is hardly negligent behavior on the part of the homeowners. And the child was 11, not 2, so what about the decedent's responsibility to chew her food properly? Choking is uncommon in people older than toddlers unless they aren't chewing well.
This was the topic on a call in radio show in Boston the other night. Most people thought it was outrageous.
One person who called in said something about giant marshmallows that should be banned. I'm going to google and see if these gigantic, dangerous marshmallows really exist.
No one can keep an eye on 11 year old kids 100% of the time. I think it was nice of them to invite kids to a party--guess now kids can't have birthday parties anymore.
It's happened before. They may have been playing a game in which you stuff your mouth full of marshmallows. But, as one commenter said, the parents would have known if she was chocking. She would have been gagging or holding her throat.
But it's happened before, even under a teacher's supervision. Who on EARTH has ever even heard of this stupid game? Maybe only kids! And maybe by the time one of the other kids went and got a parent to come into the room, the girl was already dead. Maybe the kids were too scared to tell anyone. I don't think these hosts were at fault if eleven year old kids were fooling around, playing a silly marshmallow game. They weren't four year olds, they were eleven.
This was the topic on a call in radio show in Boston the other night. Most people thought it was outrageous.
One person who called in said something about giant marshmallows that should be banned. I'm going to google and see if these gigantic, dangerous marshmallows really exist.
No one can keep an eye on 11 year old kids 100% of the time. I think it was nice of them to invite kids to a party--guess now kids can't have birthday parties anymore.
While we're at it, why don't we just ban all food items because of a choking hazard, and see how well that works out for us.
I don't care if the insurance company requires it, it's still a frivolous law suit.
I totally get taking donations for funeral costs (clearly the go fund me page covered that). It's an unexpected event and terrible and people want to help out. But to go on and try to profit off of your kid's death? I don't get it. I mean, I do get punishing people by suing them and taking their money if they are truly negligent for the death (like if the parents served the 11 year old large quantities of liquor and the kid died of alcohol poisoning). But a simple accident?
I don't see how they will prove the parents weren't careful when serving marshmallows. As posted, at age 5/6 is when you stop worrying about choking hazards with kids. They could have consulted a pediatrician about what they served at this party and the marshmallows would still be there cause the doc would have said they were fine.
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