I am not a lawyer, but I was a LEO in Florida. The difference between murder and manslaughter is not premeditation. It is intent. If you are committing a robbery and someone surprises you and you shoot them dead, you had no premeditation to kill them, but you did just murder them. In Florida, manslaughter is an accidental killing. Broadly defined, a manslaughter offense can be considered voluntary if the crime was intentional and resulted amid provocation. If you start a fight, punch, someone in the face, and they fall down hitting their head and die. You have committed manslaughter. You decided to get in a fight, but your intent was not to kill the person. If you drive drunk and kill someone, you will be charged with manslaughter (vehicular homicide in some states). You decided to drive drunk, but did not intend to kill someone. Involuntary manslaughter is a form of unintentional killing that results from careless, negligent, or reckless behavior. Unlike murder, manslaughter offenses do not have to involve premeditation or a disregard for human life. But just like murders, depending on the circumstances surrounding the situation, manslaughters can be classified as voluntary or involuntary. If someone was charged it would be with involuntary manslaughter.
Wouldn’t it be voluntary if they knew of the allergy and knowingly prepared / served the food?
Voluntary would be a tough charge to stick. Involuntary covers negligent and even reckless behavior under Florida Law. It is tough to explain. An example would be if the server didn't tell the chef because he thought "screw that guy and his special diet" or if the server just plain forgot. One shows intent, and the other shows an accident or mistake.
Yeah I think we are on the same page. Forgetting or just simply getting confused is “accidental”
You better hope that the cook making your wife’s dish in the busy kitchen are new / cleaned pots pans and utensils to prevent cross contamination if using the same cooking supplies.
That is the thing, for my wife it does not matter. She can have a "little" bit of mushroom. It is when there are significant quantities of mushrooms in the dish, or if, for example, the chef is using mushroom powder to add umami (we encountered this in a restaurant last week - the short ribs did not have pieces of mushrooms in them but the chef apparently added a good quantity of mushroom powder to the braise).
I have a similar situation. I have some "sensitivities" to certain common foods. They irritate my IBS symptoms and make life unpleasant for me for a couple days. But I'm not going to die because I eat them. Two of these are onion and garlic which, well, are present in just about every restaurant dish ever prepared, so it can be hard to avoid them.
Can you just say you don’t like those things so you’re ordering it without X? Or do requests like that get outright ignored?
Not all of us may need it but I don't mind it because allergic needs needs to be taken seriously it's not fun for the individual themselves, there's no benefit whatsoever. I don't even think the family here asked for special consultation with a chef/allergy chef, manager if already he is trying to sue Disney before Raglan. You would of known who's fault of responsibility would then would been on the chef, you even want the chef to bring it to you themselves for safety. Most people who happen to have always good service everytime would not feel the need and just go and trust that the server or cashier will remember or take it seriously or importantly. She survived up to parenthood and now all of sudden now she passed. I hope it wasn't while being on vacation you just want to be for once like everyone else and you say it's just one time or live a little or un resist and boom.
