^ Anyone daft enough to try to hold a hot cardboard or plastic cup between their knees in order to open it is asking to get scalded, so there's a good element of contributory negligence here, which is why, as is stated in the article, the tort reformists were supporting McDonalds. Had such a case gone to court in the UK the judge would automatically have taken that negligence into account and significantly reduced the amount of damages claimed.
"A supermarket chain has withdrawn bags of nuts - after failing to declare they may contain peanuts.
The Food Standards Agency issued an allergy alert saying the presence of peanuts was not declared on Booths' own brand packets of monkey nuts.
The supermarket has removed 300 packets of 350g Whole Hearted Roasted Monkey Nuts from its shelves.
Booths has apologised and warned customers with a peanut allergy not to consume the product."
Really! I know this is a deadly serious allergy - but is it just me or is it not a bit obvious monkey nuts contain nuts! The world has gone mad ...
It isn't really so stupid Westie because a peanut botanically speaking isn't a nut, despite its appearance, but is a species of the bean family. Also the 'nuts' grow beneath the ground, unlike almonds, walnuts, hazelnuts, etc, which grow on trees and so are called tree nuts.
Tree nuts don't set off an allergic reaction, although some people have what's known as a food sensitivity to them - which basically means that they might make them feel slightly unwell. It's the proteins contained only in peanuts which cause an abnormal reaction of the immune system, i.e. it sees these proteins as being a threat and so, in order to fight it off, produces a substance which can cause anything from mild gastric distress, such as heartburn or an upset stomach, through to skin rashes, difficulty breathing, accelerated heart rate in severe case, and in extreme cases, anaphylaxis, which is a state of unconsciousness that can rapidly lead to coma and death. In severe cases the person must be immediately treated with epinephrine to suppress the immune system response, which is why many people with this and other severe allergies such as to fish, milk, gluten (found in wheat, barley and rye), strawberries and bee stings, carry allergy kits.
Also the peanut is known by different names, depending on the locality, such as earthnuts, ground nuts, goober peas, monkey nuts, pygmy nuts and pig nuts, so the onus is on the packagers of these nuts to display the appropriate warning, although as far as I know, in the UK they're only also known as ground or monkey nuts. While it's reasonable to expect that somebody with a peanut allergy would be aware of that, the Food Standards Agency still insists that packets of these nuts be clearly labelled as containing peanuts, and that's what Booths failed to do.