Chain restaurant The Cheesecake Factory is in hot water after inadvertently giving a nine-year-old boy an alcoholic beverage on Thursday.
The unidentified child visited the Crocker Park location in Westlake, Ohio with his mother, who ordered him a non-alcoholic piña colada.
About halfway through his meal, the child complained of feeling nauseated and dizzy. When his mother examined his drink, it smelled of rum.
The woman called her ex-husband, who rushed to the restaurant. He said his son was so sick that he could not walk unassisted.
"He could not stand so I had to carry him to the car," the father told FOX 8 Cleveland.
Although emergency officials were at the restaurant when the father arrived, he took his son to the hospital himself.
"Got to the car and took off for the ER, and he's telling me, 'Daddy why is the room turning? Can you do something about it?' All I can do is hold him and I feel very helpless."
The boy was given an IV for fluids and medication, and was kept in the hospital overnight.
His father is outraged. "A young boy's life has been stripped of his innocence, and my son is at risk now," he said.
Westlake police say no criminal charges will be filed against the restaurant because the incident was a mistake. However, Cleveland liquor compliance attorney John Neal said that the Cheesecake Factory may face other legal action.
"The law looks at the organization as a whole," Neal told FOX 8. "So just because the person didn't mean to put an alcoholic beverage in front of a young child, does not exonerate them from the civil liability."
The restaurant may also be subject to an inquiry from the Ohio Department of Public Safety.
"Just because the police don't prosecute does not mean ODPS is going to look away," Neal said.
Cheesecake Factory Public Relations and Brand Management Senior Director Alethea Rowe issued an apology on behalf of the company Tuesday night.
"It is always our intention to serve our food and drinks accurately and are deeply sorry for this unfortunate mix up," she said.
"We are conducting an investigation to assess exactly what happened and to ensure that it does not occur again."
