Cake Lawsuits

Business By -K8memphis Updated 21 Aug 2009 , 2:55am by 2SimplySweet

-K8memphis Posted 18 Aug 2009 , 1:11pm
post #1 of 58

Let's dig around and find cake lawsuits.

This one--the bride did not even disclose that she had an allergy to coconut and Carnival Cruise (deep pockets) paid up, settled with her.

http://www.onpointnews.com/NEWS/Cruise-Passenger-Settles-Wedding-Cake-Allergy-Case.html

Now you find one if you want to play.

57 replies
-K8memphis Posted 18 Aug 2009 , 1:30pm
post #2 of 58

And the first one to find a for real lawsuit/case where someone gets sick from eating bad cake
not due to allergy--ooh this feels so empowering to draw the lines icon_biggrin.gif
wins a prize*.

Has to get sick from a nasty cake. Probably more than one person would be getting sick.

I mean have you ever been around spoiled cake--nasty McNastyKins--no one would put that in their mouth 'cause it's so close to the nose.

So the *prize will be bragging rights for ever more that you provided the precedent for all of our collective angst that we're so diligently covering our collective butts for so we don't get sued--once again a stellarly constructed sentence but you get my drift.

Decision of the judges, me and me, are final and let the games begin!

indydebi Posted 18 Aug 2009 , 2:01pm
post #3 of 58
Quote:
Originally Posted by K8memphis-

I mean have you ever been around spoiled cake--nasty McNastyKins--no one would put that in their mouth 'cause it's so close to the nose.



I'll be devil's advocate.

Not all "bad" cake looks bad. Bakers who do not practice food safety practices, who dont' wash their hands after going to the bathroom, who pass fecal matter onto the mixing spoon that goes into the icing that goes onto the cake, which then passes the norovirus onto the guests, which sends more than 10 of them to the emergency room, who notifies the health dept that there's a foodborne illness floating around .....

This is exactly what happened to a national chain restaurant that was shut down in Indy. The food looked and tasted fine. But that nasty little norovirus was floating around in their food.

I know folks talk on here about "spoiled" cake and perishable fillings, etal, but that's not the only things that cause illness problems.

It's also a great example of something that LOOKS ok, but isn't. Like a kitchen that LOOKS clean ... but isn't. Or a kitchen that LOOKS cluttered, but IS clean.

-K8memphis Posted 18 Aug 2009 , 2:15pm
post #4 of 58

Yes of course. Excellent points. Not all bad cake is stinky but all stinky cake is way bad.

Like cake friends who leave their cream cheese out for days or overnight before using.
<quietly breaks out in sweat>

~~~~~~~~~~~~~~~~~~

But keep looking, CakeCentralites--Find us the precedent setting lawsuit we are armor protecting ourselves against to the delight of insurance agents and those who sell paper.

Plus we can do cake related copyright lawsuits too--I know those are out there somewhere.

Even if they are settled like mine was. (my example--not my lawsuit) yikes

icon_biggrin.gif

pupandbon Posted 18 Aug 2009 , 2:30pm
post #5 of 58

I don't have a lawsuit but I have a some very interesting local history. In fact, the minister in the story was a relative of mine. This story is about the "Poisoned Wedding Supper" and the cakes were poisoned...

http://www.shelbycountytexashistory.org/poisonwedding.htm

-K8memphis Posted 18 Aug 2009 , 2:37pm
post #6 of 58

Oh my!

Now what was the feud over --do you know?

~~~~~~~~~~~~~~~~~~~

Reminds me of a good one--hope I can find it~~~~

cupcakemkr Posted 18 Aug 2009 , 2:37pm
post #7 of 58

Here we go, in 2002 a bakery in MI was sued for making pastries infected with the salmonella bacteria:

http://www.about-salmonella.com/salmonella_outbreaks/news/second-lawsuit-filed-against-bakery/

an example of improper handling proceedures, not cleaning well after handling salmonella infected materials

pupandbon Posted 18 Aug 2009 , 2:40pm
post #8 of 58
Quote:
Originally Posted by K8memphis-

Oh my!

Now what was the feud over --do you know?

~~~~~~~~~~~~~~~~~~~

Reminds me of a good one--hope I can find it~~~~




had something to do with this "Regulator-Moderator War" in our area

http://en.wikipedia.org/wiki/Regulator-Moderator_War

not really sure, not a history buff, just grew up hearing this story

sweet-thing Posted 18 Aug 2009 , 2:45pm
post #9 of 58

Interesting....with all the arguing that goes on in these forums about illegal homebaking, I have always wondered if anyone has actually "lost their home" like people on here warn about. Or if all this insurance is necessary Fun idea...I'm scouring the internet!!

-K8memphis Posted 18 Aug 2009 , 2:50pm
post #10 of 58

***Lights are flashing bells are ringing***

Eternal bragging rights are heretoforth, forthtowith and fivetowith bestowed upon cupcakemkr forever more.

Wow wonder what happened--how it got resolved or if it's still hanging.

However, I toss out the previous bare hands thing as evidence of nothing--I mean all of our food is handled with bare hands at some point or another. Now they should all be clean etc. but that part doesn't count.

That was some bad news huh.

-K8memphis Posted 18 Aug 2009 , 2:53pm
post #11 of 58

Well it actually seemd like the egg white dripped onto/into the container the canolli filling was in. That's kind of a stretch but if it got in the canoli filling and it did have the salmonella. Maybe the filling wasn't properly covered.

blu_canary Posted 18 Aug 2009 , 2:56pm
post #12 of 58

Well, not a lawsuit, but this does make me think twice...about eating, drinking or looking at anything, anywhere, made by anyone!

Quote:
Quote:

August 12, 2006
Norovirus Outbreaks
Posted By by PritzkerLaw In Food Safety , Norovirus

CDC estimates that 23 million cases of acute gastroenteritis are due to norovirus infection, and it is now thought that at least 50% of all foodborne outbreaks of gastroenteritis can be attributed to noroviruses.

Most foodborne outbreaks of norovirus illness are likely to arise though direct contamination of food by a food handler immediately before its consumption. Outbreaks have frequently been associated with consumption of cold foods, including various salads, sandwiches, and bakery products. Liquid items (e.g., salad dressing or cake icing) that allow virus to mix evenly are often implicated as a cause of outbreaks. Food can also be contaminated at its source, and oysters from contaminated waters have been associated with widespread outbreaks of gastroenteritis. Other foods, including raspberries and salads, have been contaminated before widespread distribution and subsequently caused extensive outbreaks.

Waterborne outbreaks of norovirus disease in community settings have often been caused by sewage contamination of wells and recreational water.

Source: The content above is from the CDC Fact sheet on norovirus, http://www.cdc.gov/ncidod/dvrd/revb/gastro/norovirus-factsheet.htm.




This may be good for my diet! *LMAO*

I know, I know. It's not a laughing matter. Just don't even go there.

With all of our running, and all of our cunning,
If we couldn't laugh, we would all go insane.

---Jimmy Buffett

(That may be my new signature.)

sweet-thing Posted 18 Aug 2009 , 3:02pm
post #13 of 58

http://news.smh.com.au/national/bakery-owners-fined-over-food-poisoning-20090106-7axm.html

Okay, not a cake I guess but it said bakery. What stands out to me is the fine!! Holy cow!! Refrigerate people!

KHalstead Posted 18 Aug 2009 , 4:10pm
post #14 of 58

http://www.uglydress.com/uglycakestory.html

check this out........the bride sued because the cake wasn't like the photo she provided!!! In all honesty..........she TOTALLY had a right to sue! Yikes!!

KHalstead Posted 18 Aug 2009 , 4:13pm
post #15 of 58
Texas_Rose Posted 18 Aug 2009 , 4:18pm
post #16 of 58
Quote:
Originally Posted by KHalstead

http://www.uglydress.com/uglycakestory.html

check this out........the bride sued because the cake wasn't like the photo she provided!!! In all honesty..........she TOTALLY had a right to sue! Yikes!!




That one was on Cake Wrecks. I love seeing the what they wanted and what they got instead photos, but that one is the all time best (or worst).

Texas_Rose Posted 18 Aug 2009 , 4:25pm
post #17 of 58

Here's a case where 36 people got food poisoning from a cake: http://www.foodsafety.ksu.edu/en/news-details.php?a=2&c=28&sc=219&id=15666

Undoubtedly if it was in the US there would have been a lawsuit, but there's no mention of one here.

pupandbon Posted 18 Aug 2009 , 4:59pm
post #18 of 58
Quote:
Originally Posted by Texas_Rose

Quote:
Originally Posted by KHalstead

http://www.uglydress.com/uglycakestory.html

check this out........the bride sued because the cake wasn't like the photo she provided!!! In all honesty..........she TOTALLY had a right to sue! Yikes!!



That one was on Cake Wrecks. I love seeing the what they wanted and what they got instead photos, but that one is the all time best (or worst).




now that is just horrible, my 3 year old could have done that!!!

costumeczar Posted 18 Aug 2009 , 7:08pm
post #19 of 58

There's a bakery here that delivered a cake that had mold inside of it. The caterer cut into it and couldn't serve it. Don't know if that resulted in a lawsuit or not, but yuck!

I do know one guy here who was sued by a bride for a bad cake, but for some reason he won't give up the details! icon_biggrin.gif (I saw the cake and she should have sued him)

blu_canary Posted 18 Aug 2009 , 7:37pm
post #20 of 58
Quote:
Originally Posted by KHalstead

http://newsinfo.inquirer.net/breakingnews/metro/view/20070521-67094/Couple_who_filed_suit_over_cake_lose_case

here's another one! Although, no proof of JUST HOW BAD it really was




*ROFLMAO* A tawdry orange cake.....*LMAO* I wonder what shade tawdry orange is? I imagine it as the love child of sultry pumpkin and lascivious tangerine.

cakesdivine Posted 18 Aug 2009 , 8:49pm
post #21 of 58

I saw a Judge Judy episode where a lady sued a cake person who also obviously had no clue of what they were doing. The pillars were to be champagne flutes turned upside down. The cake that was suppose to be copied was beautiful with the flutes filled with flowers. The cake she got...each tier was only one layer instead of 2, and the baker forgot to put a plate under the glasses so the weight of the upper tiers caused the glasses to go right through the bottom tier. Now the main reason the baker won is because the bride brought her margarita glasses to use instead of champagne flutes and admitted that that was what she gave the baker to use due to their margaritaville themed wedding but said the baker should have known they wouldn't work and informed her of that fact. The weight of a margarita glass is much more than a champagne flute. Also, because they served the cake and none was left, and they said the cake tasted great, the bride lost the case. Oh the baker admitted she only did cakes as a hobby and wasn't a professional with any true training, but she was cheap....Judge Judy warned the bride that you get what you pay for and if you are going to scrimp on something as important as a wedding cake then you get what you deserve...it was so great!

SpringFlour Posted 18 Aug 2009 , 9:08pm
post #22 of 58

I've been searching, and I've found plenty of articles about people using cake to poison others, but not so many lawsuits. Maybe I'm just not looking hard enough. icon_lol.gif

In the mean time, check out these 2 stories:

http://www.newsnet5.com/education/3928601/detail.html

http://www.dailystar.co.uk/news/view/39136/Rat-poison-cake-wife-spared-jail/

indydebi Posted 18 Aug 2009 , 9:10pm
post #23 of 58
Quote:
Originally Posted by K8memphis-

Well it actually seemd like the egg white dripped onto/into the container the canolli filling was in.



which is why, as you learn in a food safety course, that eggs are stored on a lower shelf in the refrigerator, not on an upper shelf, where cracked eggs can drip onto foods and contaminate them.

Home bakers, please be sure you DON'T store your eggs on an upper shelf in your 'frig. Ironically, a home refrigerator is DESIGNED with the egg container shelf built into the door, putting the eggs ABOVE all of the other foods in the 'frig.

So please don't use this egg tray for your eggs.

DianeLM Posted 18 Aug 2009 , 9:22pm
post #24 of 58
Quote:
Quote:

Most foodborne outbreaks of norovirus illness are likely to arise though direct contamination of food by a food handler immediately before its consumption.




Ya know, this makes me wonder how many folks have been contaminated by the host of a party?

What if, after a trip to the toilet, Aunt Molly didn't wash her hands before starting to cut and serve the birthday cake?

If the cake was the only thing served, it would seem almost a slam-dunk that the cake was to blame.

Things that make you go, "Hmmmmm....."

indydebi Posted 18 Aug 2009 , 10:06pm
post #25 of 58

I've read that people get food poisoning WAY more often than they think. They shrug it off as "something didn't agree with me", or they think they have a 24 hour bug. Most of it isn't severe enough for medical attention, but it happens way more often than people realize.

SpringFlour Posted 18 Aug 2009 , 10:11pm
post #26 of 58
Quote:
Quote:

There's a bakery here that delivered a cake that had mold inside of it. The caterer cut into it and couldn't serve it. Don't know if that resulted in a lawsuit or not, but yuck!




My Wilton instructor told us to never frost a frozen cake. Since the icing seals in the moisture, it's a good place for mold to grow. Obviously, this is only going to be the case if it's frosted frozen, then left to sit for a good long while, but it still scared me enough to not do it.

-K8memphis Posted 18 Aug 2009 , 10:13pm
post #27 of 58

I've read or heard of a study that says the effects of food poisoning do not leave us. That they stay with us. Now you don't have to believe that I'm just saying I've read/heard that.

Like especially the really bad cases like what's the real bad meat one, not mad cow, but the other really bad one--that stuff stays in the body. You can get it from poorly cooked hamburger.

DianeLM Posted 18 Aug 2009 , 10:19pm
post #28 of 58
Quote:
Originally Posted by indydebi

I've read that people get food poisoning WAY more often than they think. They shrug it off as "something didn't agree with me", or they think they have a 24 hour bug. Most of it isn't severe enough for medical attention, but it happens way more often than people realize.




I've read the same thing. The article I read went on to say that there really is no such thing as a "24 hour stomach bug" with regard to flu or other virii.

On the plus side, reasonably healthy people ingest more harmful bacteria than they would care to know about, but the normal, healthy immune system destroys it before it can cause harm.

Texas_Rose Posted 18 Aug 2009 , 10:23pm
post #29 of 58
Quote:
Originally Posted by K8memphis-

I've read or heard of a study that says the effects of food poisoning do not leave us. That they stay with us. Now you don't have to believe that I'm just saying I've read/heard that.

Like especially the really bad cases like what's the real bad meat one, not mad cow, but the other really bad one--that stuff stays in the body. You can get it from poorly cooked hamburger.




If you mean e coli, there are different strains of it and some live in our intestines, and don't do any harm to us as long as they stay there. If they get into the urethra they can cause a UTI though.

I do agree that food poisoning happens a lot more often than people think. My sister and her husband eat out 5 nights a week, and at least 2 days a week my sister is up most of the night with stomach trouble.

Marina Posted 18 Aug 2009 , 10:24pm
post #30 of 58
Quote:
Originally Posted by blu_canary

Quote:
Originally Posted by KHalstead

http://newsinfo.inquirer.net/breakingnews/metro/view/20070521-67094/Couple_who_filed_suit_over_cake_lose_case

here's another one! Although, no proof of JUST HOW BAD it really was



*ROFLMAO* A tawdry orange cake.....*LMAO* I wonder what shade tawdry orange is? I imagine it as the love child of sultry pumpkin and lascivious tangerine.




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