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this post was submitted on 23 Oct 2023
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Exactly, there are a billion things that might have happened, accidental or intentional, local or systemic. Which is why when people immediately presume it was her fault for not checking, it's pretty gross. Especially when it's clear they would only have to have read less than half the article to know there were potential failures on Panera's part which may justify discovery, which means the case needs to be filed to find out. That is, reading the linked article might have even partly answered their question, assuming it was genuinely asked.
All we really know for sure is that she wouldn't have drunk it if she knew it were caffeinated + guarana, and certainly wouldn't have poured a whole 30oz for herself if she suspected it, and that she clearly has a habit of checking already. So either something went tragically wrong at the wrong time, or multiple things did. And it clearly extends further than the tired "personal responsibility" talking point implying the victim's laziness and/or incompetence.
Agreed. Even if it were a simple mistake, somebody died and that fact should be taken seriously. Never blame the dead person. The question, then, is whether to blame anyone at all.
That said, the article is not very convincing to me that Panera did anything wrong. It could be because the argument is truncated, but some of the quotes in the article are dead guilty of giving a fairly one-sided view of the reality.
What I see as a failure would have been missing or hidden signage, as some Panera locations keep that drink behind the counter. The quote directly states that's not the case here. And in the same move, pointing out it was near "less caffeinated" drinks, it's obvious that dispenser was near at least the iced tea and sodas. IF it was sitting next to iced tea and had the standard signage (posted by others here), I don't see Panera having done anything wrong. But we don't know if those statements are all true, that's just what I extrapolate from quotes and explanations about the complaint.
"Gone wrong" can still be a tragic mistake. As a lot of people said "I don't read signs if I'm in a hurry". I've ordered food items before that the menu clearly said had ingredients I was dangerously allergic to and I missed it until I received the food item. Short of verbally asking "are you able to consume 200mg sugar? Are you able to consume 360mg caffeine?" of every ingredient of every food product in every restaurant, tragic things will still occasionally happen. And if we did THAT, someone might well say "yeah yeah whatever". And if THAT did happen and someone died, it's still not appropriate to bring up personal responsibility.