Bar fined £100000 after teenager who drank liquid nitrogen cocktail had
A wine bar in the United Kingdom has been fined $244,600 after an 18-year-old girl had to have her stomach removed after drinking a free liquid nitrogen cocktail.
Gaby Scanlon, of Heysham, was celebrating her 18th birthday at Oscar’s Wine Bar and Bistro on George Street in Lancaster when she drank a cocktail called “Nitro Jager”, which contained liquid nitrogen and Jagermeister.
The director of Oscar’s Wine Bar, Andrew Dunn arrives at Preston Crown Court.
Miss Scanlon gave a statement to the court saying she immediately felt like she was “expanding”.
Preston Crown Court heard that she was experienced “an explosion” in her stomach four seconds after it was poured for her.
She was rushed to a hospital where doctors had to remove her stomach and her small bowel connected to her esophagus.
Dr Alex Valavanis, research fellow at the Institute of Microwaves and Photonics, at the University of Leeds, said that if one were to drink liquid nitrogen in its pure state, it would cause damage very soon.
Scanlon, now 20, soon began complaining of severe stomach pains and smoke billowed from her nose and mouth. He said “Yes”.
“She vomits clear liquid, pouring from her mouth and steam comes out of her nose”. Straight away I knew something was not right. “My stomach expanded”.
The bar was found guilty to failing in the duty of an employer to ensure the safety of persons not in its employment and the company admitted it failed to ensure the shot was safe for customers.
No risk assessment was carried out regarding the potential dangers of the drinks.
The prosecution offered no evidence against him after a payment of £20,000 towards court costs was made.
Councillor Eileen Blamire, who is the leader of Lancaster Council, said the incident could have been fatal.
Judge Pamela Badley said that failings at the bar ‘fell far short of standards’.
He explained that liquid nitrogen has a burning effect due to it being so cold and that it also expands extremely rapidly, as in the case of Scanlon’s reaction to the nitrogen drink.
The bar’s director Andrew Dunn had seen cocktails containing liquid nitrogen being served a hotel in London and chose to introduce a range at his newly opened bistro, the court heard.
When a senior health and safety officer visited Oscar’s in May 2012, he had concerns about the drink and sent a letter with guidance on liquid nitrogen usage.
In mitigation, Kevin McLoughlin said that the family had been left “mortified” and apologised to Miss Scanlon and her family for the “errors and misjudgments that were made”.
“The company and the family are truly sorry”, he added.
“I would never have touched the drink if I’d known what it would do and I would urge other people to avoid them, it’s just not worth the risk”.