Liability of food in schools?

[ThreeforMe]

So the PTA was providing safe party food for the school for 2 years and have decided to do away with that.  The teachers want me to purchase it (they will pay me back which is another whole story).  I don't feel 100% comfortable with this.  In the back of my head I just wonder "What if I get the food and another kid has a reaction because they didn't know about xyz allergy/food issue?"  I know people can and do sue for many many reasons but that doesn't mean they would win but would I be putting myself out there doing this?

[ajasfolks2]

I would personally not do it.

I could not stand the thought of possibly inadvertently excluding another child OR harming another child.  Additionally, the potential for financial ruin is not worth it.

PTA pushed the liability OFF of them.  Teachers are pushing the liability onto you.  NO WAY.

[ThreeforMe]

That's what I think too but I wasn't sure if I am too close.  I don't know if it would but I kind of would like something from the district saying I would not be liable if something should happen. 

I feel backed into a corner here. Halloween is in a few weeks. 

[Beach Girl]

What about writing a letter or email stating something like you would be happy to provide the food if you are reimbursed, and that your understanding is that there are no other food allergies that need to be accommodated.  You could put something in ensuring that you would not be held liable if there are food allergies that you have not been made aware of.  In elementary school my mother practically begged to be the one to get the food.  It worked out great when they let her.  There was one year that they would not let her, and that was the year that I was excluded from a Halloween party.  They made me sit outside the classroom with a friend while they had their party.  Somehow they thought having me sit outside with a friend rather than alone made it legal.  When my mother found out afterwards, heads rolled.  And yes, I had a 504.

I would really encourage you to buy the food if you are getting reimbursed and just draft something so that you are not held liable if there are other allergies.

[rebekahc]

You can claim you're not liable all you want, but that won't stop someone from suing you. Even frivolous suits will cost you time and money to defend yourself. Also, even if you have a document from the school absolving you of liability, that's a contract between you and the school and can't be enforced upon outside parties (i.e. other parents).

[ThreeforMe]

You can claim you're not liable all you want, but that won't stop someone from suing you. Even frivolous suits will cost you time and money to defend yourself. Also, even if you have a document from the school absolving you of liability, that's a contract between you and the school and can't be enforced upon outside parties (i.e. other parents).

So in other words to CMA I need to not do the purchasing.

[Beach Girl]

Actually the letter was suggested to us by an attorney.  Maybe it depends on what state you are in. 

[ajasfolks2]

You can claim you're not liable all you want, but that won't stop someone from suing you. Even frivolous suits will cost you time and money to defend yourself. Also, even if you have a document from the school absolving you of liability, that's a contract between you and the school and can't be enforced upon outside parties (i.e. other parents).

So in other words to CMA I need to not do the purchasing.

That's how I would interpret.

[ajasfolks2]

*And* if they want you to give them a "safe" list I would only supply a "possibly acceptable list" that applies ONLY TO YOUR CHILD and ONLY IN THIS SINGLE EVENT and ONLY IF YOU PERSONALLY CHECK ALL so to be served to ONLY YOUR CHILD, and you still hold THEM 100% responsible and liable . . .

You don't want them quoting YOU as stating something could be construed as "safe" for any other child . . .

and yeah, I HATE SAFE LISTS as they are full of pitfalls . . . which is why I don't use them or personally recommend them.  Just giving some things to think about in case that is what is forced down your throat.

What is stopping you from politely refusing to accommodate the unneccessary food use?  What happens then?  Food-free parties by default?  Or will they do something idiotic or excluding?

[YouKnowWho]

Take the money and purchase craft items   Safe and inclusive for all

[ThreeforMe]

I feel like I am 100% backed into a corner now and not sure what to do. The teachers have been 1000% cooperative this year (unlike last year which was a disaster on so may levels!)  I said they could buy and I would check over.  They said they would feel safer if I purchased them and there are no other allergies "except for PN which you have too". 

I would LOVE to purchase craft items.  That's not going to happen though.

[rebekahc]

Then I'd suggest you buy with the stipulation that they have any other allergy parents approve before serving.  It then puts the onus back on them.  No, that will not stop a determined person from litigation, but nothing can or will.  At least it'll give you a little peace of mind WRT known allergies. 

[Mfamom]

for my ds classroom parties etc.  ALL food had to be checked by nurse first and I generally showed up/was the room mom and checked food as well.