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It possible that they added the blurb about the dangerous marshmallows because they're going to have a second suit against the marshmallow maker.
Perhaps but I think it was they had to prove the kids were doing something unsafe that would require direct parental supervision. And they might have a case if the kids were lighting off fire works. But eating marshmallows?
I can see it now. In Party City, next to the blow up balloons in aisle 4, will be pre-printed, boiler plate waivers that the host will want parents to sign before the kid enters the front door.
I can't even begin to imagine the terrible loss they must feel. Sometimes feeling grief, sadness and pain is harder than feeling anger and placing unwarranted blame onto others. Whatever prevents them from facing their loss is what they will do. Sadly, the family who hosted this party is the target.
I hope healing and acceptance comes to this family -- both families -- soon.
Well, at least their not suing the marshmallow manufacturer! (However, it will come as no surprise to me if EVERY food will soon be accompanied by warning labels.)
I'm not reading this whole thread, but were they by any chance playing that stupid and dangerous game "Chubby Bunny" (in which you try to say those words with as many marshmallows as will fit stuffed in your mouth and, of course, everyone ends up cracking up with the marshmallows still in their mouths and how they don't ALL inhale the marshmallows and suffocate every time is beyond me)? If so, they might have a case against the adult hosts of the party for allowing children to engage in dangerous behavior under their watch.
The marshmallows themselves, however, are innocent.
Unless the hosts were available and can show unequivocally that they responded immediately after the child started choking, a talented attorney could convince a jury that there was negligence. At least enough of a chance of a bad verdict to make settlement worth considering by the defendants.
No, there will be an analysis of whether the hosts reacted as reasonable people in their situation would have reacted. If yes, there's no negligence.
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