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Posted on: Mon, 02/05/2007 - 5:02am
chanda4's picture
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Joined: 12/14/2006 - 09:00

well, don't be mad, but I have been told point blank that our district will not go nut-free because of liability issues and fear of being sued. If they were to announce nut-free and my son had a reaction...do you think it is my right to sue?? Most people would, honeslty I don't know, if he died...most liekly I would. So I can see why they wouldn't take that responsibility, they should, but they wouldn't because of sue-happy folks out there. It's sad.
And being a mother of a multiple food allergy child, eggs and milk(common lunch room foods) are just as serious as my sons peanut and tree nut allergies. So if milk could kill my son, would I have the right to ask for a ban as well??? Or eggs??? Our school serves all of the above.
Don't mean to be a jerk here either....just trying to point out different perspectives...things I think about often.
------------------
Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig)
Savannah-1 (milk and egg)
[This message has been edited by chanda4 (edited February 05, 2007).]

Posted on: Mon, 02/05/2007 - 5:53am
NicoleinNH's picture
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Joined: 06/21/2003 - 09:00

POOF
[This message has been edited by NicoleinNH (edited June 10, 2007).]

Posted on: Mon, 02/05/2007 - 5:58am
Sarahb's picture
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Joined: 01/22/2007 - 09:00

Quote:Originally posted by BriandBrinasmom:
My son's preschool was "peanut-free" - at their request, not ours. His grade school had "nut-free" classrooms. We found two things:
1) Parents who wanted to comply with the ban did not understand enough *to* comply. Are plain M&Ms "peanut-free"? They are to most parents.
Just like a parent of a child with allergies these parents need to be educated. It's not rocket science to figure out the first few layers of reading labels. I would not let them feed my son but I feel better knowing that the food they send for theirs has a higher likelyhood of NOT containing peanuts.
Quote:2) There was a small sub-segment of parents who would cheat despite the ban, and send peanut-butter on field trips or to the classroom. My son had a minor reaction on a field trip one time that we think may have been attributed to a child who ate peanut butter and then wrestled afterward with him during a game.
We tell our son that he needs to be responsible for himself, despite the presence of peanuts and milk all around him, and we believe he is actually safer knowing "the snakes are there" than thinking they're not, and then being surprised when they bite him.
I will tell my son the same thing but I will also help him by advocating for the safest possible environment. It's really not a lot to ask of people and as a community it's something that people should be happy to do. Do I expect them to be perfect? No. They can't figure out how drive in a one way circle....but if 80% of them do a halfway decent job then my son will be safer.
No false sense of security here.

Posted on: Mon, 02/05/2007 - 5:59am
chanda4's picture
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Joined: 12/14/2006 - 09:00

My point was if the school is labeld peanut-free wouldn't you have more of a right to sue them....then if is wasn't, just normal everyday school??? That's all I was pointing out....
if our school was NOT peanut free and he died....I would have a hard time making a case proving they did something wrong. But if it were peanut-free and he died.....it is obviously their fault.....
I am just repeating what they told me, sorry to sound stupid here.
------------------
Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig)
Savannah-1 (milk and egg)

Posted on: Mon, 02/05/2007 - 6:02am
Sarahb's picture
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Joined: 01/22/2007 - 09:00

Quote:Originally posted by NicoleinNH:
[b] Avoiding to do something that is necessary does not take away liability.
[/b]
Yup. ITA.
off topic - NH is one of my favorite states...I used to go up there as kid in the Grantham/Sunapee area! Fun times.

Posted on: Mon, 02/05/2007 - 6:18am
Sarahb's picture
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Joined: 01/22/2007 - 09:00

Quote:Originally posted by chanda4:
[b]My point was if the school is labeld peanut-free wouldn't you have more of a right to sue them....then if is wasn't, just normal everyday school??? That's all I was pointing out....
if our school was NOT peanut free and he died....I would have a hard time making a case proving they did something wrong. But if it were peanut-free and he died.....it is obviously their fault.....
I am just repeating what they told me, sorry to sound stupid here.
[/b]
Chanda - I am not a laywer but I'll tell you that you can sue anyone for anything at anytime. If a school told me what yours did my response would be very aggressive because it sounds to me like they are caring more about law suits than protecting children.
From reading your other posts..my thoughts are that it would be easier for them to enforce a nut ban than segregating lunch tables, washing hands, etc. It seems to me that they have more rules to follow, more ways for the system to break down by not going nut free.
As for a case, and law, it all just depends on how a judge sees things. I am VERY new to the allergy world but I can't imagine that a judge would think that "peanut free" gave a guarantee of 100% no nut residue ever anywhere. I think there are SIMPLE ways for your school to avoid such a problem.
I understand that you don't want them to go nut free and I respect your opinion but if they started talking legalease to me...they would get it right back and then some.
[This message has been edited by Sarahb (edited February 05, 2007).]

Posted on: Mon, 02/05/2007 - 6:21am
MommaBear's picture
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Joined: 09/23/2002 - 09:00

Quote:Originally posted by NicoleinNH:
[b]Chanda-Do you honestly think that a parent who loses a child and the death was preventable is "sue-happy"?!!! Are you kidding me!?
[/b]
dying falling down stairs is preventable. simply don't build a building with stairs...
So. Personally I don't think the schools have a responsibility to "prevent" an exposure by declaring their entire school "_____-free/avoidant" of [i]any[/i] allergen. It caters too specifically to one need. Declaring a [i]classroom[/i] "peanut avoidant". Sure. Why not? [i]Avoid[/i]. Room for error, I assume.
But better then, to declare the classroom [i]food free[/i], don't ya think? Then it works for everyone. Eat where eating is necessary. Now, in that situation, for instance, if a person needs glucose for low blood sugar, I think asking them at that moment of crisis, to find an "eating area" is obnoxious and totally self centered. My son can leave the room if something poses a threat to him in that situation. It's called "common sense". A teacher can remove him if he's not of the age or cognition to add it up. My son (or myself) asserting his "rights" at that point is ridiculous. Everyone needs to bend a bit or the whole thing is going to collapse on itself, don't ya think?
It's like [i]handwashing[/i]. Good for [i]everyone[/i]. Universal [i]prevention[/i]. Start adding up every individual foible, and pretty soon, [i]no one is going to be getting anything[/i].
And, btw, the OT is talking about [i]food[/i] as part of an oral sensory diet [i]at school[/i], aside from lunch. I know for a fact, unless it is one of his food [i]preferences[/i] it's not going to work. So, I can very well see another child needing peanut butter for a similiar break. What am I going to do? Change the school to suit my child's needs? Make it revolve around him? Don't think it's going to happen, even if that's how I would [i]want[/i] to invest in my child.
We recently had to incorporate multiple sensory breaks into his day. (first grade) I nearly forgot he had an allergy. So, I can very well see another mother putting their own child's needs first, especially when it came to something that is normally harmless, food. The fact some foods have the potential to harm my child really doesn't mean the entire school should be required to make that effort. (For lack of better words.) Honestly? When the school board, the band fundraiser volunteers, student council sales, hot lunch, candy apple, schwann sales, dippin dots, and holiday committees (as well as other individuals/organizations who donate foods for free as treats) and Lord knows what other power tripping individuals who are getting through the grapevine their choices for the entire school center around your child (and it won't necessarily be other food allergic children unless possibly their parents have made themselves painfully obvious in their demands of "accommodation"), you might change your mind. Especially if your child becomes [i]that noticed and catered to.[/i]
I had multiple opportunities to basically call the shots regarding such food items this year, (as our IEP for food allergies allowed) and wouldn't ya know, each and every time, I found myself backing down. Wanting to [i]avoid[/i] some other very real possible "harm" to my child.
no advice, just btdt.
ps...do you really believe that the only thing that would have prevented Nathan Walter's death (if it would have prevented it at all), would have been declaring the school "Peanut Free"?

Posted on: Mon, 02/05/2007 - 6:25am
camiac's picture
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Joined: 01/24/2007 - 09:00

To me, when they say a peanut free school can cause a false sense of security, I think that could be true not so much for the parents but for the teachers/
administrators.
The elementary school where I sub is a peanut free school and just last week I had a good laugh when they sent home letters about bringing in snacks for the 100th day of school. Plain M&Ms were the top item. It clearly states on the bag "May Contain" but I guess when you are a "peanut free school" the "may contain" bags know to stay home!
I have only seen one letter announcing the peanut free ban back in September. Since then, there has been no other educational flyer, reminder or any other such communications home, as if by the one letter, everyone is in full compliance. (Granted, I am a sub and have not been in every single day, but often enough that I think I would know) In my opinion, it is a lawsuit waiting to happen.
My very best wishes to all, regardless of your opinion on the subject.

Posted on: Mon, 02/05/2007 - 6:27am
NicoleinNH's picture
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Joined: 06/21/2003 - 09:00

....
[This message has been edited by NicoleinNH (edited June 10, 2007).]

Posted on: Mon, 02/05/2007 - 6:31am
chanda4's picture
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Joined: 12/14/2006 - 09:00

Thanks Sarah, I just ask lots of questions, sorry, sometimes they aren't the *right* questions people want asked.
I know for our school to go nut free, it would be nice, it would. But I don't see it necessary. The lunchroom as it stands, it actually one of the safest places in the school as we speak...his classroom, whole other story(nuts still allowed).
But one more side of the peanut-free school....if it came to that, for me, I would want egg and milk banned as well. I would because those foods can also kill my children(known anaphylaxis). If our school had a peanut ban before I moved here, I'd be asking for egg and milk as well, if they can ban one food, then they need to ban everything that can pose a danger. Then my friends daughter is anaphylaxic to wheat, so she of course would need a ban......and that brings me back to my point of *where do yo draw the line*???
As it stands, my son sits at his peanut-free table, when the school serves egg sandwiches, I make his table egg-free too.....when his brother and sister get there, those same tables will need to keep them safe as well.
sorry I have to run and get my kids, thanks for letting me ask these types of questions, I really don't mean anything by it...I just think outside the box, so-to-say! Thanks [img]http://uumor.pair.com/nutalle2/peanutallergy/smile.gif[/img]
------------------
Chanda(mother of 4)
Sidney-8 (beef and chocolate, grasses, molds, weeds, guinea pig & asthma)
Jake-6 (peanut, all tree nuts, eggs, trees, grasses, weeds, molds, cats, dogs, guinea pig & eczema & asthma)
Carson-3 1/2 (milk, soy, egg, beef and pork, cats, dog, guinea pig)
Savannah-1 (milk and egg)

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