News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
Does personal responsibility not exist anymore? The menu and advertising for the drink clearly show that it has a high caffeine content.
The drink has about 260mg of caffeine which, while high, isn't outrageous or unsafe to most healthy adults by any means.
Maybe someone can show me how I'm being a heartless arsehole but I can't find any negligent action on Panera's part that would make them to blame.
It does. But we still have safety stickers and ingredient lists, etc for a really damn good reason.
Absolutely. Legally speaking, the warnings/labeling are crucial. And they depend heavily on context. Using a common name like lemonade in a unique way puts the threshold even higher.
Also legally speaking, people blaming the heart condition fail to understand US tort law. The responsibility falls to the provider, not the victim, even if they are unusually fragile (have a heart condition). This is the eggshell skull aka eggshell plaintiff doctrine, very well established in US law.
And if you dive deep into the train of thought of what happens without it (companies blame everything on too fragile/frail of people), most people find it to be reasonable.
The provider must make it safe for everyone OR place adequate protections/warnings that make it very clear who it’s not safe for. Seems like Panera failed on both accounts.
https://www.law.cornell.edu/wex/eggshell_skull_rule
If there's a big sign that says "Plant-based, clean caffeine powered by guarana & green coffee extract" with "30 fl oz | 530 cal | 389 mg caffeine" on the sign she was staring at when she poured her drink, that might make things a bit complicated.
The Panera signage seems obvious enough about caffeine that (assuming the signage was in place) I can't imagine any more correct action Panera could have taken short of having a person stand there asking people if they have heart conditions.
I mean, imitation crab meat often has trace lobster in it and nobody advertises that. It falls under "let our associates know if you have any dietary restrictions or food allergies". Did she say "I can't have caffeine" and then they let her fill her cup with charged lemonade? This is a beverage that is marketed on being caffeinated, and every piece of advertising, signage, etc features the caffeinated nature prominently because it's a major selling point of it.
Nobody should be blaming her. But unless this Panera did stuff very different from the Panera standard, it was sufficient.
And you're right about the legal implications of her medical condition. But I don't see many people suggesting it's her fault because she had a heart condition.