Reuters reports that Taylor Dill-Reese and Dominic Wilson, the parents of 15-month-old Dominic Lacey Wilson, filed the suit last week, claiming that they suffered "emotional distress" as a result of seeing their underage son inebriated.

They are seeking an unspecified amount of damages from DineEquity Inc, which is the parent company of Applebee's restaurants, for medical expenses and non-economic loss.

The ordeal began when the family visited Applebee's in Madison Heights, Michigan, and ordered a kid's meal for Dominic Jr. It was supposed to come with apple juice. Instead, little Dominic ended up chugging a nice strong margarita mix and, as he gulped it down, he began exhibiting "grossly inappropriate" behavior.

The child was quickly taken to a nearby hospital where it was allegedly found that he was well over the limit. He also had a wicked hangover "for a period of days after the incident", according to details filed in the suit.

William Stern, the couple's lawyer, told Reuters this was not the first time Applebee's has served alcohol to those well and truly below the legal age.

"It's happened to them on multiple occasions," Stern said. "This is an occasion that came really close to being tragic if the child had ingested a little more alcohol. Fortunately, they caught it when the child was acting drunk and the father tasted it and realised it wasn't apple juice."

In a statement, DineEquity Inc said there were "discrepancies" between the claims in the lawsuit and information obtained by the company.

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Folklaw thinks the olive floating in the top of the "apple juice" should have been a dead giveaway.