Family Files Suit Against Panera Claiming Caffeinated Lemonade Led To Cardiac Arrest
The family of a 46-year-old Florida man has filed a wrongful death and personal injury lawsuit against Panera claiming that its caffeinated lemonade drink led to the man’s cardiac arrest. According to the lawsuit, the decedent had high blood pressure and never drank energy drinks. He believed the “Panera Charged Lemonade” was safe because it was not advertised as an energy drink. According to the lawsuit, the charged lemonade was offered in the same place as non-caffeinated or less-caffeinated beverages.
The lawsuit contends that the decedent drank the charged lemonade three times while at Panera Bread Company on Fleming Island, Florida. On his walk home, he suffered a heart attack and died shortly thereafter. The lawsuit states that the decedent ordered the charged lemonade at least 7 times over the course of two weeks in September and October.
Elements of negligence: Failure to warn
The plaintiffs are contending that Panera Breads should have advertised the drink as an energy drink and warned customers about its high caffeine content. They should have known that once consumed, the charged lemonade could injure children, pregnant and breastfeeding women, and people sensitive to caffeine by causing catastrophic injuries or death.
The decedent had a chromosomal deficiency disorder, developmental delays, blurred vision, and mild intellectual disability, according to the suit. He worked at Publix Super Markets and would regularly go to Panera after work to eat meals. The lawsuit contends that the decedent would frequent the chain because he felt it was advertised as a healthy alternative to other restaurants. He would eat there as many as three times a week.
Panera is facing another wrongful death lawsuit alleging that its charged lemonade caused the death of a 21-year-old woman who was a University of Pennsylvania student. The student had a heart condition and died in September of 2022 after consuming the charged lemonade.
In both cases, the plaintiffs are contending that Panera had a duty of care to warn customers about the high caffeine content of the drink. Since high caffeine drinks pose a potential danger to certain members of the public, Panera had a duty to ensure that those individuals could avoid the drink and remain safe. In this case, the plaintiffs are alleging that Panera failed to do that resulting in at least two deaths.
Panera will likely contend that they did warn customers about the caffeine content of the drink by naming it “charged.” The question then becomes: Did they do enough to ensure customers with heart conditions and other disorders were aware the drink had a high caffeine content? That matter will be decided by a jury.
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The Jacksonville personal injury lawyers at Gillette Law represent the interests of Florida residents who have been injured due to the negligence of another party. Call our office today to schedule a free consultation and learn more about how we can recover damages related to your emotional grief and the loss of your loved one.
Source:
apnews.com/article/lemonade-wrongful-death-lawsuit-panera-cbaa14c908065560a16971d05c37684a
