lawyer who pursue cases againced restaurant

Does New York law protect restaurant patrons from burgers?

However, a review of New York law shows that there is surprisingly little case law on the subject of prepared foods causing injuries to restaurant patrons, and there are no cases involving an injury caused by a hamburger.

Can a restaurant owner be held liable for assault?

In order to hold a restaurant owner responsible for an assault, you must show actual harm or injury, meaning owners will likely not be responsible for legal claims based on mere insults or embarrassment. Find My Lawyer Now!

What duties do restaurant owners owe patrons?

As noted above, restaurant owners owe patrons of their restaurants certain duties. First, owners must keep the restaurant in a reasonably safe condition for customers, meaning they have a duty to warn their invitees of any hidden dangers.

Can you sue a company for finding something in your food?

When this safety is breached due to something like finding an object in your food, a lawsuit can be filed against the restaurant, fast food chain, or other place of business responsible. All food establishments fall under food product liability laws.

What to do when you find foreign objects in food?

What should I do if I find something gross in my food? Keep the packaging and receipt, and document the foreign body with photographs. The most important recommendation is to take the actual food that you found the foreign body within and place it in a safe container in your freezer.

How do you prove food poisoning?

One way to establish this critical link is to visit your doctor and have urine, stool, or blood samples scientifically tested for food poisoning. If you can show that your test sample contained the same disease-causing microbes that were found in the contaminated food source, you will greatly strengthen your claim.

What do you do if you find hair in packaged food?

If the package you bought is not up to snuff, return it to the retailer for a full refund.

Can you get compensation for plastic in food?

Your rights for plastic objects in food compensation claims You are entitled to claim for personal injury compensation which is made up of an amount for the pain and suffering alone and then an amount to cover your financial losses and expenses.

What to do if you find a bug in your food at a restaurant?

Report the incident to the grocery store where you bought it and the company that produced it. Many companies will want to investigate where the bugs may have entered their production process. They should offer you a refund. You should also notify the FDA.

Can you sue a restaurant for food poisoning?

You may be able to make a public liability claim for food poisoning if you can prove that your illness occurred because the person who made or sold you the contaminated food was negligent. Proving liability in a food poisoning compensation claim can be difficult, especially if yours is an isolated incident.

Can you blame a restaurant for food poisoning?

A restaurant may be liable for damages caused by foodborne illnesses. Food contamination illnesses may give rise to a personal injury claim. In most cases, a restaurant would be liable for an illness under California negligence laws.

Can I get compensation for food poisoning?

Yes, you can claim compensation for food poisoning. If you have been served food in a restaurant, hotel, café, bar, or any other similar establishment that serves food and have suffered food poisoning as a result, then you will be able to make a personal injury claim.

Does hair stay in your stomach forever?

Hair is made up of proteins called keratin which cannot be broken down by our body. They can only be processed at very high temperatures which do not exist inside our body. So, when you swallow small strands of hair accidentally, they just end up passing out of the body with other undigested food.

Should you complain about hair in food?

Still, the presence of stray hairs could suggest a lack of attention to food hygiene more generally. “Hair can be an indicator of lack of sanitation at the facility where the food was prepared,” says Archie Magoulas, a food safety specialist at the USDA's Food Safety and Inspection Service.

Is it a big deal to find hair in food?

In itself, keratin might not pose a problem. But the truth is that, besides making you feel nauseated, hair can lead to contamination in foods. It is one of the leading physical contaminants in food, along with stones, metal pieces, insect parts, rodent droppings etc.

Representing Owners, Franchisors and Franchisees

Owning or operating a restaurant presents unique legal challenges, from liability issues arising from food service to commercial disputes with suppliers, landlords, and franchisors or franchisees. We strive to take these issues off your plate so that you can concentrate on serving memorable meals to your customers.

You Serve Food and We will Handle Your Legal Issues

Drawing on experience representing full service and quick service restaurants, we are prepared to help restaurant owners and operators avoid legal issues before they arise and resolve problems as soon as possible. Legal matters in the food service industry include:

Contact Our Firm

When you need an attorney for your restaurant industry matter, we encourage you to schedule a confidential consultation at our office. We can be reached by phone or by completing the convenient online contact form on this website. We accept Check, Visa, MasterCard and American Express as payment for services

What court case did Wendy's cite?

Wendy's cites to Frier v. Laube's Old Spain, 265 A.D. 402, 39 N.Y.S.2d 794 (4th Dept., 1943) in support of its position that the foreign/natural test is the controlling test on this court.

What was the plaintiff's claim against Wendy's?

The plaintiff sued the operator of the restaurant, Wendy's Restaurants of Rochester, Inc. (hereinafter referred to Wendy's) and the manufacturer of the hamburger patty, Moyer Packing Company, Inc. (hereinafter referred to as Moyer Packing) under theories of 1) negligence, and 2) strict products liability.   Wendy's then brought a third-party action for indemnification and negligence against their supplier of the hamburger patty, Kaleel Brother, Inc. (hereinafter referred to as Kaleel Brothers);  who in turn brought a fourth-party action for indemnification and negligence against their supplier and original defendant, Moyer Packing.   The Plaintiff then filed an Amended Complaint alleging breach of express and implied warranties.   Wendy's and Moyer Packing each filed amended answers, which included cross-claims against the other.   It should be noted that Wendy's did not file an amended third-party complaint against Kaleel Brothers which incorporated the new implied warranty cause of action.

How to prove liability in a product liability case?

In order to establish liability, a plaintiff is required to prove (1) that the product in question was not fit to be used as intended, (2) that the defect existed at the time that it left the defendants' hands, (3) that the plaintiff used the product as it was intended to be used, (4) that the plaintiff would not have been able to discover any defect in the product through the exercise of ordinary care, and (5) that the defect was a substantial factor in causing the accident. Winckel v. Atlantic Rentals & Sales, 159 A.D.2d 124, 126, 557 N.Y.S.2d 951 (2nd Dept., 1990), Tardella v. RJR Nabisco, 178 A.D.2d 737, 737-738, 576 N.Y.S.2d 965 (3rd Dept., 1991).

What is the requirement to prove a product defect in a strict product liability case?

It is well established that proof of necessary facts in a strict products liability case, as in an implied warranty case, may be circumstantial. A plaintiff is not required to prove the specific defect. In order to proceed in the absence of evidence identifying a specific product flaw, a plaintiff must 1) prove that the product did not perform as intended (in the context of a strict products liability action concerning food, the court assumes that a product “performs” as intended when it is consumed without injury to the consumer, absent any culpable conduct on his or her part or some other third party not involved in the chain of manufacture distribution or sale), and 2) exclude all other causes for the product's failure that are not attributable to defendants.  PJI 2:141:1, Saunders v. Farm Fans, 24 A.D.3d 1173, 1175-176, 807 N.Y.S.2d 241 (4th Dept., 2005), Winckel v. Atlantic Rentals & Sales, 159 A.D.2d 124, 126, 557 N.Y.S.2d 951 (2nd Dept., 1990).

What is the negligence standard in a product liability case?

The negligence standard in a products liability case is pretty straight forward. A defendant will be held liable if a plaintiff can show that it is reasonably certain that the product, when put to normal use, would be dangerous if it were defective.   A product is defective if the defendant fails to use reasonable care in designing, making, inspecting and testing a product. PJI 2:120.   In practice, this turns into an inquiry of whether or not a restaurant owner, and his or her suppliers, used ordinary care to remove from the food, as served, such harmful substance as the consumer would not ordinarily anticipate.  Vitiello v. Captain Bill's Restaurant, 191 A.D.2d 429, 594 N.Y.S.2d 295 (2nd Dept., 1993), Stark v. Chock Full O'Nuts, 77 Misc.2d 553, 554, 356 N.Y.S.2d 403 (1974).

Did Kaleel Brothers move for summary judgment?

The plaintiff has opposed those motions. Kaleel Brothers have moved for summary judgment dismissing Wendy's third-party complaint, claiming that the record shows that they were not negligent in their transportation and delivery of the frozen hamburger patties to Wendy's. Wendy's has not opposed that motion.

Is Wendy's moving for summary judgment?

Wendy's is moving for summary judgment based on the following theories 1) there was no negligence shown on the part of Wendy's in how it prepared the hamburger, 2) the plaintiff cannot prove that the substance that caused his injury was not natural to the hamburger patty; i.e., the plaintiff cannot prove that the hamburger had a foreign object in it or was in anyway unfit for consumption, therefore there is no breach of any implied warranty.

What is the second most common lawsuit filed against restaurants?

Altercations between patrons: The second most common lawsuit filed against restaurants involves injuries that arise out of altercations with other patrons , especially when excessive alcohol consumption intensifies the situation. One of the most dangerous situations for restaurant owners is when two or more guests are asked to leave ...

Why do people sue restaurants?

Here are the six most common reasons guests sue restaurant owners, and what owners can do to minimize their exposure. 1. Slip and falls: The National Restaurant Association confirms that slips and falls are the most common general liability claims made across the industry. What you should do: To reduce the possibility of a slip-and-fall accident, ...

What should restaurants do about hand offs?

What you should do: Some restaurants now have a completely “hands off” policy and will not touch a guest in any fashion. If a guest is asked to leave, but refuses to do so, the police are simply called. If employees are allowed to make physical contact with the guest, it is very important that they are trained in how to use only reasonable and necessary force, and to never escalate the use of force. Most of the time it is safer to seek the assistance of law enforcement. In these types of situations, the employment of security cameras throughout the restaurant will ultimately pay off when it comes to litigated matters. Again, a written policy specific to the business and the safety of staff and patrons should be implemented.

Should restaurants have general liability insurance?

Every restaurant should have general liability insurance to cover not only a possible loss , but the high cost of hiring attorneys when defense is needed. All the prevention in the world doesn’t protect restaurant owners from ever being sued, but following these practices will greatly reduce the risk. Reducing risk will ultimately improve the establishment’s “loss record,” which could lessen the cost of insurance premiums. All of the above measures may seem like common sense, but accurately documenting and enforcing these practices will help diminish your chances of being sued.

Can you be sued for unruly behavior?

Allowing unruly behavior by patrons: Owners will be sued if unruly guests are not controlled and end up injuring another guest. This frequently happens at nightclubs and bars that have a crowded dance floor where guests can become disruptive, often set off by a harmless brush.

Is it insufficient to require guests to leave the premises?

It is insufficient simply to require the guests to leave the premises and consider the incident no longer the responsibility of the restaurant. Industry standards now require that these potentially combative guests exit from different doors at different times.

Can food poisoning cause lawsuits?

6. Food poisoning or foreign substances in food: The good news is , lawsuits arising out of food poisoning and foreign substances are less frequent than any of the above-mentioned type lawsuits. While most restaurants do quite well in minimizing their exposure to these two risks, they can happen even to the tidiest of places.

Who is liable for a slip and fall in a restaurant?

If you were injured in a slip and fall in a restaurant, got severe food poisoning, or suffered any other injury, a negligent owner or manager may be liable.

What does it mean when a restaurant is negligent?

When restaurant staff do something wrong, or fail to do what a reasonable person would, the restaurant is negligent. Negligence that leads to a customer’s injury or illness makes the restaurant liable, meaning responsible, for paying the customer’s damages.

What is the risk of food poisoning in restaurants?

Restaurants have an additional high risk of customer injuries caused by spilled food and drinks. Food Poisoning: Foodborne illness is an all too common restaurant injury. Food poisoning is a catchall phrase for foodborne illnesses caused by many different kinds of bacteria, viruses, and parasites.

What happens if a restaurant owner uses nails in the wall?

For example, if a restaurant owner uses nails in the wall to hang decorations, and a customer cuts their arm on an exposed nail, the restaurant owner will be liable for the person’s injury and treatment. The owner should have foreseen the risk of customer injury from an exposed nail. The owner was negligent for not preventing or correcting the hazard.

What are the hazards of a restaurant?

Slip and Falls: Restaurant customers are injured every day by slip and fall accidents. Uneven flooring, poorly maintained parking lots, and snow-covered sidewalks are hazards that lead to slip and fall injuries at any business. Restaurants have an additional high risk of customer injuries caused by spilled food and drinks.

What happens if you leave a restaurant before reporting an injury?

If you leave before reporting your injury, it will be difficult to convince anyone that your injury happened at the restaurant. For example, if a shard of broken glass on the floor punctures your foot, and you hobble away, and later decide to go back and report your injury, it’s likely the glass will be gone.

What to do if restaurant insurance denied my claim?

Don’t take no for an answer. If the restaurant’s insurance company has denied your claim, contact a personal injury attorney to discuss your options.

What are the most common food service lawsuits?

10 Food Service Lawsuits. 1. McDonald’s customer suing over hot coffee burning her legs. In 1992 Stella Liebeck spilled a cup of McDonald’s coffee that she had between her knees, scalding her thighs, buttocks, and groin. The 79-year old woman, who later sued, suffered third-degree burns on six percent of her body.

What was the taco cabana lawsuit?

Suing in 1987 for infringement of trade dress, the Taco Cabana lawsuit wound its way through the U.S. court system and ultimately landed in front of the U.S. Supreme Court in 1992, where the court upheld two lower court rulings. Those courts had decided in favor of Taco Cabana, awarding approximately $2 million damages.

How much did Liebeck pay in the McDonald's lawsuit?

The lawsuit, which gained national attention, initially resulted in a jury awarding Liebeck $160,000 to cover medical expenses and an additional $2.7 million in punitive damages. The jury held McDonald’s 80% responsible and Liebeck, who resided in Albuquerque, New Mexico, 20% responsible for the accident. McDonald’s, who appealed the verdict, ...

Why did Wendy's sue?

Woman sues Wendy’s because she claimed there was a finger in her chili. Industry watchers were horrified in 2005 when a woman from Las Vegas claimed to have found a finger in her bowl of Wendy’s chili at a San Jose, California unit. Because of the adverse publicity sales at Wendy’s declined nationwide.

When did Burger King sue?

In 2009 Burger King franchisees sued their Miami-based parent over a $1 cheeseburger promotion asking the court to agree that BK does not have the right to set prices.

Where was the Manhattan restaurant rule filed?

The suit, filed in U.S. District Court in Manhattan, came just 10 days after the city’s Board of Health passed its new rule that would affect about 10% of the city’s restaurants.

Who lost Anna Ayala's finger?

Ultimately the finger was traced to an associate of Ayala’s husband who had lost the finger in an industrial accident. Ayala later pleaded guilty to conspiring to file a false claim and attempted grand theft. 4.