Support NeoGAF

[Skeyser]

Really? Really?

Good point though. The restaurant doesn't stock it. More alarm bells are ringing off. So am I meant to believe that a family having dinner all too gladly accepted the rather obviously implied 'Mega Death Hot Sauce' from a waiter without even checking the label or asking about it at all? Suuuurely you would be a bit cautious with that stuff around kids anyway.

Pastors can't be seen in the wrong or something?

Dude if you ask hot sauce for your kids you kind of expect the waiter not to hand you a bottle of acid like sauce

 

[Ninja Scooter]

Really? Really?

Good point though. The restaurant doesn't stock it. More alarm bells are ringing off. So am I meant to believe that a family having dinner all too gladly accepted the rather obviously implied 'Mega Death Hot Sauce' from a waiter without even checking the label or asking about it at all? Suuuurely you would be a bit cautious with that stuff around kids anyway.

Pastors can't be seen in the wrong or something?

a lot of people probably don't even know sauce that hot even exists. It's pretty much only sold at novelty stores because it is just that, a novelty. It's one thing for a sauce to be normal hot, and seeing Mega Death Sauce you might think it's implying just that in a fun/cute way, a tolerable hotness.

 

[Slayven]

That's why you don't put it in your chili.

You know someone has tried. I have to know the results.

 

[FOOTE]

I can't imagine. Hot sauce of any kind destroys me. I'd probably end up in the ICU if I ate it.

 

[NaughtyCalibur]

This sounds like something a friend of mine would do. Major dick move.

I've always been a bit of a hot sauce nut, but only about a year or so ago discovered that the real hot stuff can be found online for rather cheap. Since then I've ordered a few different brands, including

weighing in at 1.5 million scoville units (or approximately three times as hot as the sauce mentioned in the news story). Then we decided to try it. Watch my friend's (left) reaction, as I'm sure that's pretty similar to what the son's was in the story.

And yeah, it's stupid hot. I used to carelessly put it on my tacos and shit, but then my stomach would kill me for days and I'd either have explosive diarrhea or be painfully constipated. But to be fair, anything above 200,000 scoville is no longer a sauce as much as it is an additive. Like with Da Bomb, all it takes is one drop into a big ass bowl of chilli and you're good. Any more than that and you're fucked.

 

[totowhoa]

You know someone has tried. I have to know the results.

Probably sued the police for 50 large

 

[pootle]

Ok. :lol The waiter didn't even mention that it's supposed to be fucking diluted for a good god damned reason. It will fuck a lot of people up.

I'm not sure still. Some hot sauces are monstrously hot, but after 1 taste you would know that things have gone wrong. These things don't sneak up on you after 5 or 10 minutes when you've eaten half the meal it's 1, maybe 2 mouthfuls.

It shouldn't have happened but still it seems a bit much to me.

Is their son a 17 year old tough guy that asked for hot sauce in his chili, assuring the waiter that he wanted it "really hot" and could handle it? Or is their son a 9 year old boy that shouldn't be anywhere near that sort of sauce?

We kinda have to know before passing judgement people, although it still stands to reason that a restaurant shouldn't serve things that physically harm people.

That's pretty much what I said. People disagreed.

 

[Hellsing321]

That's why you don't put it in your chili.

But one squirt and you're south of the border!

 

[Smiles and Cries]

I came in here to call the kid a wimp and defend Tabasco but then it wasn't Tabasco

giving a kid those crazy hot special hot sauce is a dick move.

 

[Barrett2]

There's no way the business could've known they had a dick waiter pulling a prank on a poor kid by giving him mega death hot sauce.

Doesn't matter. Employee negligence is reasonably foreseeable as long as it is roughly "within the course of their job" which this probably was. This is why companies have insurance, because you are, by law, responsible for some things that you will never have 100% control over.

 

[Zoe]

I'm not sure still. Some hot sauces are monstrously hot, but after 1 taste you would know that things have gone wrong. These things don't sneak up on you after 5 or 10 minutes when you've eaten half the meal it's 1, maybe 2 mouthfuls.

It shouldn't have happened but still it seems a bit much to me.

If he shook it over his food like normal tabasco, one mouthful is more than enough to damage you.

 

[Blair]

I'm honoured they named it after me, but i don't need this kind of bad press, especially with kids. I'm already in troub.. you know what, forget it.

 

[GhaleonEB]

Weird. It's an entirely reasonable lawsuit for an entirely reasonable amount of damages. I'm so accustomed to bogus lawsuits that it's almost refreshing.

The waiter is a jackass.

 

[mre]

As I said, I still think they should pay. But really, there is no way to know when you have an employee that does some crazy ass shit for the first time.

These two positions are not compatible. Note that the article merely states that "[t]he lawsuit claims the waiter 'was not properly screened prior to employment and was negligently hired.'” Unless the plaintiffs are also suing under a theory of respondeat superior (whereby the employer is held responsible for the negligent duties of an employee committed during the scope of their employment), their entire case hinges on whether the company was negligent in hiring the employee in the first place. Unless the guy has a whacked out background, this seems like a tenuous claim to file suit on, and I would be surprised if that was the only claim in the lawsuit.

Doesn't matter. Employee negligence is reasonably foreseeable as long as it is roughly "within the course of their job" which this probably was. This is why companies have insurance, because you are, by law, responsible for some things that you will never have 100% control over.

Very, very true, and I assume that this was action was also alleged in the suit, but it's odd that the article doesn't seem to mention it. The only reason why a cause of action under respondeat superior might fail is if they were worried that this would be viewed as an intentional tort on the part of the waiter.

 

[TL4E]

Was expecting $10m for emotional damage.

 

[Lost Fragment]

Waiter deserves to be sued. The restaurant itself/corporate, not so much.

 

[Lamel]

This sounds like something a friend of mine would do. Major dick move.

I've always been a bit of a hot sauce nut, but only about a year or so ago discovered that the real hot stuff can be found online for rather cheap. Since then I've ordered a few different brands, including

weighing in at 1.5 million scoville units (or approximately three times as hot as the sauce mentioned in the news story). Then we decided to try it. Watch my friend's (left) reaction, as I'm sure that's pretty similar to what the son's was in the story.
d.

Damn that guy was shaking!

 

[mre]

Waiter deserves to be sued. The restaurant itself/corporate, not so much.

No deep pockets.

 

[Blackace]

Waiter deserves to be sued. The restaurant itself/corporate, not so much.

eh?

 

[Zoe]

Waiter deserves to be sued. The restaurant itself/corporate, not so much.

The waiter is a face of the company.

 

[KO Traveling Hobo]

I've always been a bit of a hot sauce nut, but only about a year or so ago discovered that the real hot stuff can be found online for rather cheap. Since then I've ordered a few different brands, including

weighing in at 1.5 million scoville units (or approximately three times as hot as the sauce mentioned in the news story). Then we decided to try it. Watch my friend's (left) reaction, as I'm sure that's pretty similar to what the son's was in the story.

Damn, that looked intense. I like how your friend was dying over there and you were just lol'ing away. :lol

 

[Futureman]

The worst part about this whole story is that the kid looks like he's 4 years old and has a fucking Facebook account.

I'm 26 and don't see the point. I'm sure this little dude is social networking like a pro though.

 

[Blackace]

The worst part about this whole story is that the kid looks like he's 4 years old and has a fucking Facebook account.

I'm 26 and don't see the point. I'm sure this little dude is social networking like a pro though.

yeah, that is indeed to worst part of the story.. :/

It's almost sharp elbows levels of nitpicking now..

 

[Xeke]

Really? Really?

Good point though. The restaurant doesn't stock it. More alarm bells are ringing off. So am I meant to believe that a family having dinner all too gladly accepted the rather obviously implied 'Mega Death Hot Sauce' from a waiter without even checking the label or asking about it at all? Suuuurely you would be a bit cautious with that stuff around kids anyway.

Pastors can't be seen in the wrong or something?

Food product names are often deceiving. Going by name Warheads should make you want to blow your head off.

 

[pootle]

If he shook it over his food like normal tabasco, one mouthful is more than enough to damage you.

I've done it more than once and I'm still alive. Not with that particular sauce but with similar ones.

As I said, if the kid is a young child then of course this shouldn't have happened. Although the parents should have been keeping an eye on things.

If the kid is a teenager, well, that's different. It still shouldn't have happened as the sauce isn't officially on the menu but I can't see how 1 mouthful of chili, even liberally sprinkled with this sauce, could cause permanent harm to a teen.

 

[Lucky Forward]

Other considerations aside, that is a poorly written article not to mention the age of the kid.

 

[Blackace]

Food product names are often deceiving. Going by name Warheads should make you want to blow your head off.

for someone as high as you are.. you make a great point!

 

[Futureman]

yeah, that is indeed to worst part of the story.. :/

It's almost sharp elbows levels of nitpicking now..

I was just joking and giving a little hint as to the kid's age cause i'm sure everyone was wondering.

If that indeed is the kid on FB, why the hell would you even be giving hot sauce of any kind to a kid this young?

 

[Hydranockz]

Food product names are often deceiving. Going by name Warheads should make you want to blow your head off.

Granted, but still, the first time round, you would at least exercise some caution with an unknown substance... You would try and gauge it in some way.

 

[KO Traveling Hobo]

Food product names are often deceiving. Going by name Warheads should make you want to blow your head off.

wat

 

[Barrett2]

Waiter deserves to be sued. The restaurant itself/corporate, not so much.

Why? Suing the waiter is pointless, he has no money. The restaurant *probably* has a fat insurance policy to pay for precisely this kind of incident.

 

[Blackace]

Granted, but still, the first time round, you would at least exercise some caution with an unknown substance... You would try and gauge it in some way.

The thing is with a hot sauce like this it isn't easy to do.

 

[VGChampion]

Thread title makes it sound ridiculous but actual article isn't ridiculous. Not every day that happens.

 

[Medalion]

This sounds like something a friend of mine would do. Major dick move.

I've always been a bit of a hot sauce nut, but only about a year or so ago discovered that the real hot stuff can be found online for rather cheap. Since then I've ordered a few different brands, including

weighing in at 1.5 million scoville units (or approximately three times as hot as the sauce mentioned in the news story). Then we decided to try it. Watch my friend's (left) reaction, as I'm sure that's pretty similar to what the son's was in the story.

And yeah, it's stupid hot. I used to carelessly put it on my tacos and shit, but then my stomach would kill me for days and I'd either have explosive diarrhea or be painfully constipated. But to be fair, anything above 200,000 scoville is no longer a sauce as much as it is an additive. Like with Da Bomb, all it takes is one drop into a big ass bowl of chilli and you're good. Any more than that and you're fucked.

Blair's 16 million reserve... 16 million scovilles... Hottest hot sauce ever... They are crystals. Only 999 bottles ever made

 

[Hydranockz]

The thing is with a hot sauce like this it isn't easy to do.

''500 times hotter than a jalapeno chili''.

Done.

 

[Gaborn]

Thread title makes it sound ridiculous but actual article isn't ridiculous. Not every day that happens.

Which is why it's perfect. I might not have even bothered if it was a totally ridiculous lawsuit. The fact that's actually REASONABLE is such a nice change it makes it worthwhile.

 

[KO Traveling Hobo]

Granted, but still, the first time round, you would at least exercise some caution with an unknown substance... You would try and gauge it in some way.

I don't think most people would expect hot sauce to even be able to do that kind of damage. Let alone a hot sauce that's served at a family restaurant.

Hell, I didn't know hot sauce could be this harmful.

 

[Lucky Forward]

PDF of the court document here:

http://www.courthousenews.com/2010/10/12/HotSauce.pdf

His capacity and ability to perform work and to enjoy the everyday pleasures and associations of life have been permanently damaged, restricted, and impaired.

That's some sauce!

 

[Lost Fragment]

The waiter is a face of the company.

I'm not familiar with Steak 'n Shake's hiring practices, but I'm pretty sure they can't afford to comb your entire life FBI-style looking for clues that you might do dumb shit and hurt a customer. The only things I can think of that would be relevant are if the guy has a mental disability, or if he had worked at a restaurant previously and was fired for doing something similar. Even if the guy was a convicted felon, chances are it wouldn't be relevant.

No deep pockets.

This is a good point though. I guess if you're a waiter at Steak 'n Shake you probably don't have $60k worth of assets.

 

[Zoe]

I've done it more than once and I'm still alive. Not with that particular sauce but with similar ones.

As I said, if the kid is a young child then of course this shouldn't have happened. Although the parents should have been keeping an eye on things.

If the kid is a teenager, well, that's different. It still shouldn't have happened as the sauce isn't officially on the menu but I can't see how 1 mouthful of chili, even liberally sprinkled with this sauce, could cause permanent harm to a teen.

Well aren't you a manly man. Not everybody has your iron stomach.

 

[mre]

PDF of the court document here:

http://www.courthousenews.com/2010/10/12/HotSauce.pdf



That's some sauce!

So they did sue under respondeat superior. Let the frivolities and gaieties commence!

 

[CrayzeeCarl]

I'm not familiar with Steak 'n Shake's hiring practices, but I'm pretty sure they can't afford to comb your entire life FBI-style looking for clues that you might do dumb shit and hurt a customer. The only things I can think of that would be relevant are if the guy has a mental disability, or if he had worked at a restaurant previously and was fired for doing something similar. Even if the guy was a convicted felon, chances are it wouldn't be relevant.

You're right and the businesses acknowledge this fact and accept it. They know that they are responsible for their worker's actions and they have decided that it is worth the risk to hire them without extensive investigations because an event like this is very unlikely to happen. And if it does happen, it's not that big of a deal to them. $50k is collateral damage to them running a business.

 

[pootle]

Well aren't you a manly man. Not everybody has your iron stomach.

Thanks for the compliment but I'm not claiming to be particularly manly, just average. And I was under the impression that not having my health permanently ruined by eating hot sauces was pretty average.

Of course it turns out that this poor boy's life has been utterly wrecked by that mouthful of chili, as stated in the claim:

His capacity and ability to perform work and to enjoy the everyday pleasures and associations of life have been permanently damaged, restricted, and impaired.

I am thankful and obviously very lucky that my capacity and ability to perform work and to enjoy the everyday pleasures and associations of life have not been permanently damaged, restricted, and impaired by eating very spicy food over the years.

 

[Zoe]

Thanks for the compliment but I'm not claiming to be particularly manly, just average. And I was under the impression that not having my health permanently ruined by eating hot sauces was pretty average.

It's not an average hot sauce if the manufacturer recommends diluting it.

 

[Lost Fragment]

You're right and the businesses acknowledge this fact and accept it. They know that they are responsible for their worker's actions and they have decided that it is worth the risk to hire them without extensive investigations because an event like this is very unlikely to happen. And if it does happen, it's not that big of a deal to them. $50k is collateral damage to them running a business.

I'm not debating the legality of it, because it's a complicated subject that I know little about. I'm debating the morality of holding a company responsible for something like this when they can't go Minority Report on everyone they hire.

But yeah, $50k is nothing in the grand scheme of things and corporate can easily pay that compared to the waiter himself, probably.

 

[Waikis]

This sounds like something a friend of mine would do. Major dick move.

I've always been a bit of a hot sauce nut, but only about a year or so ago discovered that the real hot stuff can be found online for rather cheap. Since then I've ordered a few different brands, including



weighing in at 1.5 million scoville units (or approximately three times as hot as the sauce mentioned in the news story). Then we decided to try it. Watch my friend's (left) reaction, as I'm sure that's pretty similar to what the son's was in the story.

And yeah, it's stupid hot. I used to carelessly put it on my tacos and shit, but then my stomach would kill me for days and I'd either have explosive diarrhea or be painfully constipated. But to be fair, anything above 200,000 scoville is no longer a sauce as much as it is an additive. Like with Da Bomb, all it takes is one drop into a big ass bowl of chilli and you're good. Any more than that and you're fucked.

:lol :lol :lol "IM LEAKING"

 

[KO Traveling Hobo]

Thanks for the compliment but I'm not claiming to be particularly manly, just average. And I was under the impression that not having my health permanently ruined by eating hot sauces was pretty average.

Of course it turns out that this poor boy's life has been utterly wrecked by that mouthful of chili, as stated in the claim:

I am thankful and obviously very lucky that my capacity and ability to perform work and to enjoy the everyday pleasures and associations of life have not been permanently damaged, restricted, and impaired by eating very spicy food over the years.

What are you trying to argue? He was very obviously harmed by the stuff, and given his age and the likelihood that he ate a big spoonful of it, some permanent or at least long-lasting damage could have been done.

Your personal experiences are not relevant.

 

[JGS]

Yeah I think he just misread. Just the restaurant. Does anybody know how lawsuits like these work? Since the franchise owner is the one speaking, I assume she's the one who will have to deal with the lawsuit financially, as opposed to the corporation?

You sue everybody and see which ones stick. It would be silly to not include the biggest fish in this even if there is no merit.

 

[pootle]

What are you trying to argue? He was very obviously harmed by the stuff, and given his age and the likelihood that he ate a big spoonful of it, some permanent or at least long-lasting damage could have been done.

Your personal experiences are not relevant.

How old is the kid? I'm sorry but I missed that part.

In any case of course both you and Zoe are absolutely right that the experiences of me and my friends are totally different when eating really spicy food than somebody that doesn't know what they are in for.

I can only say that if the facts stated in the claim are correct, that the boy has suffered permanent damage and that as a result "His capacity and ability to perform work and to enjoy the everyday pleasures and associations of life have been permanently damaged, restricted, and impaired" then he has my every sympathy.

I just can't see how a mouthful of chili, no matter how hot, could lead him to be physically, mentally and emotionally disabled for the rest of his life.

 

[The Shadow]

businesses have to be responsible for the people they hire. Restaurant should have to pay.

People are not robots. If he acted beyond company guidelines, it's on him.