What kind of remedy are the parents asking for

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Reference no: EM133643297

Assignment:

"A college student with a heart condition died after she drank Panera Bread's Charged Lemonade, a large cup of which contains more caffeine than cans of Red Bull and Monster energy drinks combined, according to a lawsuit. The legal complaint calls the beverage a "dangerous energy drink" and argues that Panera failed to appropriately warn consumers about its ingredients. The suit was filed on behalf of the student's parents. The student had a heart condition called long QT syndrome type 1 and avoided energy drinks at the recommendation of her doctors, according to the filing. In a statement Monday afternoon, a Panera spokesperson said: "We were very saddened to learn this morning about the tragic passing of Sarah Katz, and our hearts go out to her family. At Panera, we strongly believe in transparency around our ingredients. We will work quickly to thoroughly investigate this matter."

The student bought a Charged Lemonade from a Panera Bread restauran and went into cardiac arrest hours later. The complain alleged that the student avoided energy drinks and was very vigilant about what she needed to do to keep herself safe. The Charged Lemonade was "offered side-by-side with all of Panera's non-caffeinated and/or less caffeinated drinks" and was advertised as a "plant-based and clean" beverage that contained as much caffeine as the restaurant's dark roast coffee, according to photos of both the menu and beverage dispensers in the store, which were included in the wrongful death lawsuit. But at 390 milligrams, the large Charged Lemonade has more caffeine than any size of Panera's dark roast coffee, the complaint says - numbers that the nutrition facts on Panera's websiteLinks to an external site. confirm. It also has guarana extract, another stimulant, as well as the equivalent of nearly 30 teaspoons of sugar, the complaint continues, adding that 390 milligrams of caffeine is higher than the caffeine content of standard cans of Red Bull and Monster energy drinks combined. The student had gotten the large cup, which is 30 fluid ounces."

Please answer the following questions in your original post:

(1) Is this a tort? Please provide a general definition of a tort and then a definition of the specific tort you believe applies here.

(3) What kind of remedy are the parents asking for?

(4) Who do you think has the most compelling argument?

Reference no: EM133643297

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