Banville Law Logo - Injury Attorneys
Free Consultations 24/7
Request A Call Here

$15 Million Settlement Obtained For Family Who Lost Daughter To Peanut Allergy

Whenever parents are planning a family vacation they typically spend time researching destinations that will provide numerous activities that will keep their children entertained. For couples a family campgroundwith older children, one of the best ways to spend warm summer days is to go camping.

Not all camping is the same - some people prefer to go out into the wilderness and live all alone, living off of the land for weeks or months at a time. For others, the better option is to visit a campground where they can either pitch a tent, rent a cabin, or park a camper. Many of these campgrounds also provide food and activities for people of all ages.

However, just like any other person or company who offers a service, the campground owners, managers, and employees are responsible for providing a safe environment for anyone who visits the grounds or participates in activities.

Sadly, in one case, a campground failed to do their part and a 13-year-old girl suffered the consequences.

For more articles from our New York hotel accident attorneys, continue reading here.

How Unmarked Food Caused A Death

A few years ago, the parents of twin 13-year-old girls decided to take their daughters to a family camp being hosted by a nearby city. This was the fourth year that the entire family had enjoyed this trip and everyone was looking forward to it.

As they had done three years prior, the parents filled out safety information forms, which included allergy information. In fact, they noted that one of the reasons they chose this particular camp was that both of their daughters suffer from extreme peanut allergies and the camp policy was that if anyone attending had this form of allergy, no food containing peanuts would be served during the duration of their stay.

As they had done previously, the family enjoyed their stay. It wasn’t until the very last night that something when disastrously wrong.

On the last night, the campground hosted a farewell dinner and dance in the main lodge. Unknown to the family, the baker who was in charge of the dessert decided to throw peanut butter candies into the Rice Krispie treats he had prepared. This detail was not told to anyone attending the dance and no warning signs or ingredient signs were placed around the treats.

One of their daughters took a treat and while sitting with her family, took a bite. Her initial reaction was that something “tasted funny” and she immediately spit it out. Her parents didn’t think too much of her comment, but as usual, they had an Epipen with them in case of an emergency.

At first, she showed absolutely no symptoms, but 20 minutes later she began to vomit. Her father administered the Epipen but it had little to no effect. He then administered a second EpiPen, but her condition only worsened.

The camp had a first aid station which also contained an Epipen, but when the father arrived, the metal and glass cabinet was locked. He smashed the glass with his elbow, cutting a tendon in his arm in the process, then rushed back to his daughter's side. The third EpiPen was administered but did nothing to slow down her reaction. She went into anaphylactic shock and died in the lodge in her horrified parent's arms.

Not only did they lose a family member, but the injury that the father sustained reduced his dexterity and he was unable to continue working as a clinical urologist.

Her Parents Took Legal Action

The deceased teenager's parents filed a lawsuit against the city, alleging that the staff that had been hired were negligent because they added peanut butter to the treats and didn’t properly label peanuts that can be deadlythem to warn campers who may have an allergy. They also argued that if the camp hadn’t been negligent, the father would never have sustained a career ending injury.

The defendants argued the case, saying that the family hadn’t provided information regarding their child’s allergies and that the case containing the Epipen was actually unlocked.

The case did go to trial, however, the first day the two parties were able to reach a settlement agreement. This agreement awarded $15 million to the plaintiffs and also required that the camp seek accreditation from the American Camping Association.

Food Allergies

Any business that is serving food on the premises needs to be aware of food allergies, especially the most common which includes peanut allergies. In order to prevent horrific endings like the one in the above case, warning signs should be placed around any dish where the ingredients may have even come into contact with a dish that contained the allergen or the ingredients are not easily identifiable.

Visit our next article on another vacation accident lawsuit settlement:

Duck Tour Crash Accident Kills International Students

On September 24, 2015, Phuong Dinh and some of her friends from Vietnam were on a bus chartered by North Seattle College. The bus was supposed to bring the students to the school, but a local novelty attraction turned the pleasant September day into a tragedy.

An attraction called Ride The Ducks offers anyone the opportunity to ride in reconditioned military amphibious vehicles on the open road. The Ride The Ducks company also does upgrades to their vehicles, which the National Transportation Safety Board isn't calling legal, just yet.

On the 24th, one of those custom upgrades failed and the axle on one of the Duck tour vehicles exploded. The driver lost control and crashed into the bus containing the foreign North Seattle College students. Five students on that bus died, but Phuong Dinh survived. Little did she know that her problems were only beginning.

Continue reading related articles from our jet ski accident lawyers here.

Injuries To Tourists Are Common

In New York City, injuries to tourists from all over the United States and all over the world are common. While many of those injuries are the result of someone else's negligence, the victims opt to go home with their injuries and try to get on with their lives instead of suing the negligent party. Is that the right move?

Phuong Dinh Was Left All Alone

Phuong Dinh's injuries are being treated through her student insurance and her ability to stay in the United States is based on her student visa. But her injuries require long-term rehabilitation, and she is no longer able to be a student. That means that she will be in this country illegally and have no insurance when her paperwork expires in December. She needs a legal expert to get her the funding she needs for treatment, and the proper visitor status to stay in the country.

To make matters worse, no one has come forward to help Phuong Dinh. The bus company, the Ride The Ducks company, the college and even the city of Seattle have offered nothing in the way of guidance or financial assistance. This is just another reason why international tourists do not sue after getting involved in a vehicle accident when in the United States. They are often left to their own devices, and have no idea what to do next.

Doing The Smart Thing

As you read the article outlining the plight of Phuong Dinh and the response from the Duck tour operator, you find out that Phuong Dinh has hired an attorney to handle her case. In instances such as these, the smart move for international tourists injured in the United States is to hire a knowledgeable attorney and pursue the case fully.

Just because a tourist is injured in the United States does not mean that their medical bills and other financial issues will not linger after they are home. Tourists need to understand the financial challenges an accident can create, and feel comfortable hiring an attorney to handle those needs.

Laws Are In Place To Help Tourists

Phuong Dinh had no choice but to hire an attorney, and she represents a small percentage of international tourists
who actually do seek out legal help. In New York City, there are several laws in place that can help tourists to successfully sue negligent parties in an accident. Tourists can go home and still file their case, and they do not have to return to New York City unless there is a trial.

When it comes to protecting your rights in a foreign country, excuses are not going to get the job done. Foreigners who are injured in the United States need to do the same thing Phuong Dinh did and hire a qualified, local attorney to speak for them and protect their rights.

When an accident happens, it is all too easy for the local responsible parties to walk away from international tourists and hope the situation goes away. For tourists to protect their rights, they need to hire a lawyer who knows how to make sure that visitors from outside New York City get compensated properly for the injuries they receive.

Also see:

Laurence P. Banville
Date Published: May 5, 2017
Laurence P. Banville is the managing partner of Banville Law. As an experienced personal injury attorney, Mr. Banville helps clients recover compensation from those responsible for his clients' injuries. Our firm is located in New York City, serving clients from the five boroughs: Manhattan, Brooklyn, Queens, The Bronx, and Staten Island.
Contact Us Today For A Free Consultation
Request A Call Here
© 2023 Banville Law, PLLC . All rights reserved.

ATTORNEY ADVERTISING. This website is for informational purposes only and should not be considered legal advice. Use of this website does not constitute the formation of an attorney-client relationship. Results may vary from case to case depending on the specific circumstances of the case. This website has not been approved by the Supreme Court of New York. 

SitemapDisclaimer / Terms Of Service & Privacy Policy