Everyone expects caffeine in coffee, black tea and energy drinks. They might not expect it in their lemonade.

On October 9th, a 46 year-old man allegedly died as a result of drinking too much caffeine. His drink of choice was the "Charged Lemonade" beverage served by the Panera Bread company. The Florida man suffered a heart attack while returning home from the restaurant, after consuming a total 1,170 milligrams of caffeine in three servings of the drink. The man's family subsequently filed a wrongful death lawsuit.

Several factors will be considered by the court when assessing the company's liability:

• Labeling: Was it sufficiently clear that the drink contained large quantities of caffeine? If not, an individual who would normally avoid energy drinks might mistakenly believe the drink was safe for them. 
• Precedent: Was the company already aware of medical problems arising from excessive caffeine consumption in their restaurants, including previous deaths attributed to this drink?
• Pre-existing Conditions: Was there something about the deceased's own health or physiology that casts doubt on caffeine as a cause of death?

Unfortunately, this is not the first death blamed on Panera's "Charged Lemonade." A previous wrongful death lawsuit in Philadelphia prompted Panera to add in prominent warnings to the drink. In that case, a 21-year-old woman with a diagnosed heart condition died after consuming just one large serving of the caffeinated drink on September 22nd. Her family maintains she avoided caffeine due to her condition, and would not have ordered the lemonade had she known.

A question the courts will consider is whether Panera took sufficient action when informed their drink was linked to a recent death. The plaintiffs may argue that the company should have stopped serving the drink while investigating.

The Panera Bread Company will likely respond that, even well above the recommended limits, deaths caused by caffeine are exceedingly rare: one study identified only 92 cases where caffeine was the sole cause of death, and many of those came not from beverages but from dubious weight-loss products. They will likely say that the deaths had more to do with the victim's own medical history and less to do with the drink.

This is not the first wrongful death lawsuit concerning caffeine. The Monster Energy Company previously paid a cash settlement over claims that they did not adequately warn customers, particularly young teenagers, about the dangers of excessive caffeine consumption. This settlement was later put into jeopardy, however, when Monster alleged the plaintiff's violated the confidentiality agreement associated with the settlement.

Wrongful death lawsuits arising from unsafe products are not limited to food, drink, and supplements. Vehicles, exercise equipment, electronics and medical devices can all result in death if not responsibly tested and designed. Although there have been incidents where user error and unreasonable behavior have led to fatalities, many manufacturers seek to save costs by cutting corners on build quality, ignore negative results from safety testing, or avoid necessary product recalls in cases where it would hurt their profit margins.

Because some accidents are the result of both unsafe product design and human error, juries will consider the manufacturer's proportionate responsibility. For example, in a $200 million lawsuit against Toyota, a Texas jury found that the car company was 95% responsible for the injuries sustained by the plaintiffs. In another Texas product safety lawsuit, Audi was apportioned 55% of the responsibility for a life-altering injury suffered by an 11-year-old child, with the drivers bearing the remaining 45%.

Wrongful death lawsuits can never heal a grieving family's pain, but they play an important role in holding companies accountable for safety and quality. If a loved one has died because of an unsafe product, please speak to our Woodlands wrongful death attorneys today.