Family Kicked Out Of Golden Corral Restaurant Over Children's Skin Disorder

[X_Digger]

140. Proximate cause + reasonable person test

Because a reasonable person doesn't have the ability to distinguish between a genetic disorder and an infectious disease, a reasonable person might believe the children were contagious. In such a case, the manager's letting the children use the self-serve area would be the proximate cause of the other patrons' infection.

Consider a situation that's already been litigated. A bartender cuts off a patron who, to a reasonable person, would appear to be intoxicated. Turns out that the person had a motor dysfunction disease, which was aggravated by their consumption of alcohol. The patron filed a civil claim under the state ADA analog and lost.

If I recall, this was in Washington state, but let me see if I can get the cite.

You're naive if you think that the mother's explanation has any bearing on the liability of the business to the other patrons.

eta: From the federal ADA-

Sec 12182(3),

Nothing in this subchapter shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others.